Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Interim monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Wife was awarded maintenance in a proceeding u/s 125 Cr.P.C - Husband thus, entitled to have adjustment of amount of maintenance already paid by him to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim monetary relief u/s 23 of PWDV Act - Wife in a proceeding u/s 125 Cr.P.C was held to be legally wife of husband - There exists domestic relationship between parties - Husband failed and neglected to provide maintenance to wife which is obviously instances of economic abuse and accordingly domestic..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance u/s 125 Cr.P.C. - Application for interim maintenance u/s 125 Cr.P.C. for the same period for which interim maintenance has been awarded under Domestic Violence Act is maintainable - However, Court would bear in mind the interim maintenance awarded in other proceeding while considering merits of application...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Matrimonial discard between wife and husband - Wife is residing at her parental house - No specific proof of her income - She is not being maintained by husband - Maintenance of Rs.3000 p.m, as interim maintenance awarded by Court below is proper...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband was working as a junior Executive and his salary was Rs.12,000 - No material produced by wife that income of husband was Rs.65,000 pm as alleged by her - Family Court thus, rightly awarded interim maintenance @ Rs.4,000 pm to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Where husband is in business and dealing in cash, it will be difficult to establish his earning - However, Court can assess income by taking into consideration standard of living and what he was earning before separation of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is in car trading business and in addition he is looking after family business - He is thus, earning at least Rs.50,000 to 1 lakh p.m - Since, respondent is his legally wedded wife, husband is duty bound to maintain her as per his status - Interim maintenance enhanced from..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Interim maintenance - Wife has made out a prima facie case that there was domestic violence - Even concurrent findings of facts recorded by Courts below that wife is entitled for interim maintenance - These findings appears to be in consonance with material placed on record - No..........
