Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is employed as JBT teacher and getting a handsome salary of Rs.60,000 pm - He is an able bodied man - Order granting interim maintenance of Rs.10,000/- to wife is proper...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Proceedings under the Act - Domestic Incident report - S.12 of the Act does not make it mandatory for a Magistrate to consider Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the Act - Even in the absence of Domestic Incident Report,..........
Practice and procedure -- Final relief cannot be granted by way of passing an interim order...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Application u/s 23 of the Act - Grant of final relief by way of passing an interim order to vacate property in question - Main petition would be decided by lower Court after conducting enquiry and after considering evidence and documents of both sides and after affording opportunity of hearing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties and both of them have one child each from their earlier marriage - Nothing on record that wife has left matrimonial home with her own will and has any independent source of income - Husband had solemnized the marriage with wife with open eyes - Husband is owner in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Mere fact that wife is earning and is Income Tax Payee, does not disentitle her to claim maintenance - Income Tax returns of wife shows that she has declared total annual income of Rs.81,000/- which works out to less than Rs.7,000/- p.m. - Wife is entitled to the same standard of..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted in a routine manner and there is no application of mind as to why said compensation has been awarded - Trial Court treated the provision as mandatory in nature whereas the legal position is otherwise - Impugned order set aside - Matter remitted for decision afresh...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law and grand daughter - Father-in-law has already expired - No estate inherited either by mother or sister of deceased husband from which any maintenance can be claimed by daughter-in-law and grand daughter - Order deferring claim for interim maintenance, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
