Protection of Women From Domestic Violence Act, 2005, Section 19(1)(f) -- Monetary expenses in lieu of shared house - Husband living with his first wife - In such circumstances directing respondent to stay in the same house in a separate room would not be feasible practically - Sum of Rs.5000/- p.m. thus, granted to respondent so that she can find out suitable alternate..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of step son - Property of step mother - Relations between petitioners and step mother were strained and there is no likelihood of all of them residing together peacefully in a disputed premises - Petitioners directed to vacate the premises and handover possession to step mother - Step..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Maintenance -- Maintenance to wife - If a wife is getting maintenance under one provision of law, then there is no law that she cannot get maintenance amount at all under another provision of law...........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Land in question was given to plaintiff by way of maintenance by her husband - Possession of said land was also given to plaintiff - Plaintiff thus, by virtue of S.14(1) of the Act had become full owner thereof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Daughter attained majority during pendency of proceedings - However, she will not be deprived of maintenance awarded by Family Court only on the ground that during pendency of proceeding she attained majority...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband has not disclosed his real income before Court below - He had made several defaults in payment of maintenance awarded by Court below - However, considering the changed circumstances relating to husband which has affected his earnings as he lost his job in Portugal, maintenance awarded..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced Muslim wife is entitled to get maintenance till she remarries unless claim for `a reasonable and fair provision and maintenance' to be paid u/s 3 of Muslim Women Act to divorced wife is not paid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was living separately due to cruel behaviour of husband - Husband not raised any contention that wife is capable of maintaining herself - Wife on the other hand specifically asserted that husband had been getting Rs.1 lakh p.m, though income of husband was not exactly proved - Husband thus, bound to..........
