Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - When neither party produced authentic reliable prima facie evidence before Magistrate on the question of income of husband then there was no alternative before Magistrate to assess the income excepting by guess from attending circumstances and to fix the amount of monetary relief..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim by wife and her child - Husband failed to produce prima facie evidence regarding his income - Evidence on record shows that husband had higher middle class status having petrol pump business - Monetary relief of Rs.10,000 p.m to wife and Rs.5,000 p.m to child rightly granted...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouse would be entitled for maintenance pendente lite, if he/she has no independent income sufficient for her or his support - Potential earning capacity is not equivalent to independent income - It cannot be taken into consideration as said view is beyond the scope of S.24 of Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife is educated is no ground to decline her maintenance pendente lite...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband doing job in Multinational Company - Income tax returns of husband for assessment year 2014-15 shows his income as Rs.6,34,400 - Husband failed to prove that wife is having sufficient means to maintain herself - Maintenance awarded by trial Court @ Rs.10,000 p.m to wife held, proper - However,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Natural guardians of adoptee did not sign the adoption deed as executant's thereof but appended their signatures thereto as attesting witnesses - This is merely a technicality and adoption deed duly registered could not be declared invalid, particularly when other persons also signed the..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Suit for declaration that adoption deed in question is void, illegal and inoperative in law - Adoption deed is duly registered - A declaratory decree regarding validity of adoption was already taken by adoptee in his favour and adopting father had admitted factum of adoption - Concurrent findings of trial..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife/husband who suffered a decree of nullity is entitled to maintenance/permanent alimony u/s 25 of Act, as phrase `any decree' enumerated in S.25 of Act includes even decree of nullity u/s 12 of Hindu Marriage Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Termination of FIR u/ss 498-A and 406 IPC through compromise - Document executed whereby matrimonial ties were terminated with consent and parties decided to part their ways and to proceed in their life as per their own wishes and wife agreed that she will not claim any maintenance from husband in future - Held,..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Wife living separately from husband and son as she was driven out of matrimonial house by her son at the instigation of husband - Factum of wife being legally wedded wife of petitioner/husband is not disputed - Wife having no source of income and unable to maintain herself - Husband having agricultural landed..........
