Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Financial status of husband and wife can be taken note only for fixation of quantum of maintenance - It is not a criteria for matching financial status of wife or husband...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement - Claimed by wife, daughter and son - Wife and children residing in rent free fully furnished house as provided by husband - Even, Family Court awarded Rs.32,000 p.m from day of separation - Admittedly, husband is paying sum of Rs.30,000 p.m - Family Court justified in awarding sum of Rs.32,000..........
Hindu Marriage Act, 1955, Section 19 -- Divorce petition - Jurisdiction - `Last resided together' - `Residence' in its ordinary meaning is something, more or less, of a permanent character and it is something more than a temporary stay - Place where couple had casual or temporary visit, either for a health check up or business or for a change, cannot be treated to be a..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition on ground of cruelty - Amendment sought to seek divorce on additional ground of desertion as period of two years desertion elapsed during pendency of petition - Amendment allowed - However, amendment will relate back to the date of filing of amendment application and not..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Assessment of income - Income tax returns - Cannot be treated to be the basis for coming to conclude that husband is not earning enough to pay the maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - A person not coming to Court with clean hands - Cannot expect sympathy from Court and rather draw an adverse inference against him about his income...........
Civil Procedure Code, 1908, Order 7, Rule 11, Guardians and Wards Act, 1890, Section 7, 9, 11, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Rejection of plaint - Custody petition - Petition by wife - Both husband and wife acquired USA citizenship - Even, marriage of parties took place first in USA and first child of parties was born in USA - Simply..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Husband physically handicapped from both legs - The contention itself nowhere absolves him from his duty to maintain his spouse specially when he was handicapped before marriage...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - No financial details of husband - During matrimonial disputes no detail or proof regarding financial capability is put forth by any of the party - In such circumstances, Court is left with no other alternative to rely upon guess work...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Husband physically handicapped before marriage - Plea that he has no source of income and was surviving at the mercy of his mother - Does not prima facie appears to be acceptable - As he must have some source of income or sufficient means in the family on strength of which he got married - Therefore, he has to share the..........
