Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
Muslim Law -- Interim maintenance - Plea of divorce - Muslim husband in order to avoid his liability to maintain his wife on the ground that he has divorced his wife, has to show that divorce has been validly pronounced and that divorce has been communicated to wife...........
Muslim Law -- Interim maintenance - Plea of divorce - Nothing on record to even prima facie show that Talaq Nama has been conveyed to wife - Burden lies upon husband to show that his act of divorcing wife was valid as per Islamic Law, unless he discharges such burden it cannot be stated that marriage between parties stands dissolved - Husband can do so only after trial of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father - When a step father fulfills same responsibilities as biological father, step son cannot deny his obligation to maintain him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to biological mother after her remarriage - A biological mother, who has contracted second marriage, has always a right to claim maintenance from her son...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father and to biological mother after her remarriage - Both step father and biological mother of petitioner during pendency of application arrested and charge sheeted in criminal case in connection with unnatural death of wife of petitioner - Petitioner lost his job during lockdown - These subsequent events..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights filed by wife - Husband has not shown any strong legal ground on which he can claim divorce from his wife - Wife hardly lived for six months with husband and thereafter husband deserted her without any valid reason - She filed petition for restitution..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8(2) -- Powers of Tribunal - Proceedings under the Act before Tribunal are summary in nature - There is thus, no bar to production of evidence and parties thereto, if they or anyone of them so wish are not precluded from producing their evidence by way of affidavits and documents...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8(2), Protection of Women From Domestic Violence Act, 2005, Section 17(2) -- Proceedings under Act of 2007 - Orders passed under PWDV Act specifically and consciously not passed against senior citizen do not bar or in any other way act as a legal hindrance for Maintenance Tribunal to exercise its..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
