Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claimed by Muslim wife - Both the parties are Muslim and are governed by their personal law - Provisions of Hindu Marriage Act being a special provision would not be applicable to Muslim parties - However, if the Muslim Wife wants interim maintenance then she is entitled to file an application u/s 125..........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Claimed by Muslim wife - Provision of Hindu Marriage Act not applicable to Muslim parties - So far as S.151 CPC is concerned, it provides only for procedural law and not for substantive rights - No order of maintenance can be passed u/s 24 of Hindu Marriage Act r/w S.151..........
Criminal Procedure Code, 1973, Section 125(4) -- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife took the specific case that..........
Railways Act, 1989, Section 20A, 20H(5), 20G, 17, Arbitration and Conciliation Act, 1996, Section 9 -- Acquisition of land for special railway project - Interim award of compensation granted by arbitrator - Objection as to report of Committee showing that Government published jantri rates ranges from Rs.60 to Rs.310/- per sq.mtrs. depending on category of land - Arbitrator..........
Railways Act, 1989, Section 20A, 20H(5), 17, Arbitration and Conciliation Act, 1996, Section 9 -- Acquisition of land for special railway project - Grant of interim compensation by arbitrator - Interest awarded @ 15% p.a. while interest prescribed u/s 20-H(5) is 9% p.a. from date of taking possession till actual payment - Arbitrator committed error in awarding higher..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of Act of 2005 - Though there may not be any express provision u/s 125 Cr.P.C., it may not be impermissible to take into account maintenance or interim maintenance, if any, already awarded to..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Plea of husband of no source of income - Ipso facto does not absolve him of his moral duty to maintain his wife in presence of good physique alongwith educational qualification...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Husband being able-bodied person is duty bound to maintain his wife who is unable to maintain herself under personal law arising out of marital status and is not under contractual obligation...........
