Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Starting point of limitation for setting aside ex parte order of maintenance starts from the date of acquiring knowledge by a party about the said order and not from the date of order itself...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 6, 23 -- Jurisdiction of Court - Dispute as to title of property - Forum under the Act do not have jurisdiction to decide the title of property - However, mere fact that question of title is under dispute, it does not mean that till it is not decided finally, senior citizen cannot approach forum under..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Family Court decided the matter based on affidavit of assets and liability filed by wife, whereas, husband had not filed any affidavit of his assets and liabilities - There is clear discrepancy between parameters of income and liabilities taken into consideration by Family Court and documents placed on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Recovery of arrears of maintenance - Attachment of retirement dues of deceased mother of husband - Retirement dues of mother of husband after her death coming to the hands of husband, cannot be termed as retiral dues or service benefits of his mother - Said amount as tangible corporeal property is..........
Criminal Procedure Code, 1973, Section 125, 421 -- Maintenance to wife - Recovery of arrears of maintenance - Arrears of maintenance is recoverable in the same manner provided for recovery of fines levied in a criminal case...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Grant of interim maintenance - Appeal - Impugned order passed by Additional Sessions Judge in an appeal was only granting interim monetary relief of Rs.5000 p.m towards rent for alternate accommodation to complainant - No such order has been passed which is criminal in nature - Filing of appeal u/s 482..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - For establishing full ownership on the undivided joint family estate u/s 14(1) of the Act, Hindu female must not only be possessed of property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or "in lieu of maintenance or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Liability to pay maintenance granted u/s 125 Cr.P.C is of a continuing nature and husband cannot be allowed to take advantage of efflux of time and shrug off his responsibilities...........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance to wife - Husband cannot be absolved from paying arrears of maintenance due towards wife even if at times their daughter is taking care of wife - It is the legal and moral duty of husband to maintain his wife - Maintenance @ Rs.10,000 pm rightly granted and it would be in the interest of justice to execute the..........
