Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband who is able to pay hefty amount towards home loan and car loan, cannot be permitted to deflect from his responsibility towards his legally wedded wife as well as children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband is serving in Army as Lieutenant Colonel having salary of Rs.1.98 lakh p.m - He is making payment towards home loan and car loan and also purchased property for purpose of development - Husband cannot be permitted to deflect from his responsibility towards his wife and children..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step mother - Step mother can claim maintenance from income of property of her husband, when she is incapable of supporting herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step mother - Family Court granted Rs.25,000 as maintenance to step mother without recording evidence - Order of Family Court is thus, not sustainable - However, step mother is entitled for Rs.10,000/- p.m until disposal of case - Family Court directed to record evidence of parties and decide the issue and..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to husband - Wife produced income tax assessment of husband for the last four years - High Court in appeal cannot look into the material which is not produced in trial Court but High Court looked into the returns as matter involves payment of maintenance and wife did not have legal assistance before Family Court -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - Onus is upon transferor who invokes S.23 of the Act to show that transfer of property in dispute either by way of gift or otherwise bore condition that transferee shall provide basic amenities and basic physical needs to transferor...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - No condition mentioned in gift deed which mandated petitioner to provide basic amenities and physical needs to senior citizen and without incorporating such a condition in the gift deed, the same cannot be declared as null and void - Gift deed was executed in 2010 and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim women - Divorced Muslim women is entitled to claim maintenance u/s 125 Cr.P.C even after the period of iddat and for whole life unless she is disqualified for reasons such as marriage with some one else...........
