Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Once it is found that wife and child are unable to maintain themselves and husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition sounds..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - At the time of deciding application u/s 24 of the Act merit of the case is not seen - Only point for consideration at the time of deciding the interim maintenance application is whether wife is having source of earnings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife earned Rs.60,000 pm as per her ITR - However, husband earns Rs.9 lakhs per month - Considering the documents of income of both the parties, trial Court has committed error in not giving any amount of interim maintenance to wife - Husband directed to pay a sum of Rs.1,00,000 pm as interim maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife had not re-married after divorce - She is thus, entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of a valid marriage is prerequisite for passing any order u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to second wife - Second wife herself admitted that husband was having first wife and children and first wife was living separately with husband - Unless husband is validly divorced from his first wife, marriage of husband with second wife will have no legal sanctity - Order granting maintenance to second wife set..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9 -- Adoption - Illegitimate child - Mother alone is guardian of his person and property - Mother cannot possibly obtain consent from natural father of child to give child for adoption - Mother of child thus, cannot be called upon to obtain consent of father to give child for adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9 -- Adoption - Illegitimate child - Mother alone is guardian of his person and property - Mother cannot possibly obtain consent from natural father of child to give child for adoption - Mother of child thus, cannot be called upon to obtain consent of father to give child for adoption...........
