Criminal Procedure Code, 1973, Section 125, 421 -- Arrears of maintenance - Non payment - Warrant of arrest cannot be issued straight way without levying the amount due as fine and without making any attempt for realisation that fine in one or both the modes for recovery as provided in S.421(1) Clause (a) or (b) say by issuance of distress warrant for attachment and sale..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Ingredients required to invoke S.23 of the Act neither pleaded nor otherwise present - Provision of S.23 of the Act not attracted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 5, Rajasthan Maintenance of Parents and Senior Citizens Rules, 2010, Rule 20 -- Order of eviction - Can be passed by District Magistrate or its subordinate - Order of eviction cannot be passed by Tribunal while taking recourse to R.20(2), (5)...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner/son has been living in subject premises since his birth - Purported transfer within meaning of S.23 of the Act was made prior to enforcement of Act in the State of Rajasthan - Even by virtue of extended meaning of S.23 of the Act,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Eviction of daughter-in-law - Shared household - Property in question has been found to be in ownership of parents-in-law - Status of daughter-in-law appears to be that of licensee - It has no where found to be a shared..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Through family settlement, pre existing right of residence and maintenance of Hindu female as recognized - No new right was conferred on her - She thus, became full owner of property in question by virtue of S.14(1) of the Act - Consequently, daughter of Hindu Female is entitled to inherit the property..........
Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Petition u/s 127 Cr.P.C is not maintainable without there being any determination of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance awarded under Protection of Women From Domestic Violence Act - There being no determination of maintenance u/s 125 Cr.P.C. petition u/s 127 Cr.P.C. is not maintainable...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of widowed mother - Eviction of son and daughter-in-law - Property in question is the ownership of widowed mother by virtue of Will from her husband - Part of property has been handed over to petitioners for opening their factory premises and which certainly cannot overrun Will in..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Both the parties categorically stated that they could not live together and have withdrawn from society of each other due to temperamental and other differences and are living separately since 2020 - They settled all disputes regarding maintenance, Stridhan and..........
