Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - In the absence of the same, order dismissing application, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Payment of school fees of child by husband would not mean that husband would not pay maintenance for the child for living, as payment of fee is all together different responsibility apart from husband paying maintenance to maintain a child and wife - Interim maintenance rightly granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Mere fact that mother is a working lady and she has her own income, that does not absolve father of his legal and moral responsibility to maintain his children - Father rightly directed to pay maintenance to children...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - For applicability of S.23 of the Act applicant should be senior citizen on the date of filing application and not that he should be a senior citizen on the day on which gift or release deed is executed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Mother executed the gift deed in favour of her son with a hope that son will take care of her interest and will provide basic amenities and physical needs to his mother - Stand of son cannot be accepted that there is no obligation on the part of son to take care of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Father-in-law is in possession of property belonging to deceased husband - Deceased husband was the owner of properties in question and his name was also mutated in revenue records - Since, she has been deprived of her property, therefore she is entitled to maintenance @..........
