Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Any woman who prima facie shows that she has suffered domestic violence at the hands of her spouse/partner, is entitled for interim relief...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband undermining his income to avoid paying maintenance of appropriate amount to wife - Courts below have rightly taken into account that income of husband dipped around the time of filing of complaint and thus, guessed his income on the basis of partnership business and other..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Interim maintenance granted to wife is ordinarily to be granted with effect from the date of filing application for such maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two daughters - Elder daughter attained majority and her marriage was solemnized on the behest of husband - Husband cannot be fastened with such an obligation - However, maintenance @ Rs.5,000 each to wife and other daughter is proper...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of interim maintenance Court cannot hold a threadbare trial to go into every micro detail...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - In the absence of the same, order dismissing application, set aside...........
