Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife claimed Rs.1.50 lakhs p.m towards interim maintenance to her and to her two minor children and Rs.25000 towards litigation expenses - However, she has not filed proper documentary evidence - Order allowing application set aside - Matter remanded...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appeal by wife seeking enhancement of maintenance - Impugned order is not interlocutory order and it is an intermediary order - Appeal against said order is maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife claimed Rs.1.50 lakhs p.m towards interim maintenance to her and to her two minor children and Rs.25000 towards litigation expenses - However, she has not filed proper documentary evidence - Order allowing application set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Hindu Marriage Act, 1955, Section 13 -- Dissolution of marriage - Marriage between parties cannot be dissolved merely on the basis of a compromise allegedly entered into between parties - Since the marriage between parties are governed by provisions of Hindu Marriage Act, only the manner in which such marriage can be dissolved is by passing of an appropriate decree by..........
Family pension -- Plea of nullity of first marriage - No allegation of incompetence of either of the persons to contract marriage - Unless a declaration in that regard is granted by competent Court, no interference warranted with right of first wife to claim family pension etc...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Order of maintenance should be passed from date of application and not from date of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Affidavit of assets and liabilities - Specific order should be passed asking parties to file affidavit of disclosure..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
Protection to life and liberty -- Petitioner no.1, a married Muslim woman solemnized marriage with petitioner no.2 without obtaining any decree of divorce from her previous husband - She is still legally wedded wife of respondent/previous husband, as she has not obtained any decree of divorce - Relationship of petitioners not protected in contravention of statutory..........
