Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Maintenance allowance fixed in favour of wife without considering the evidence on record - Net monthly income of husband is Rs.43,020 pm - Wife entitled to Rs.10,000 p.m which is approximately 25% of monthly income of Rs.43,020 as maintenance allowance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appeal by wife seeking enhancement of maintenance - Impugned order is not interlocutory order and it is an intermediary order - Appeal against said order is maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife claimed Rs.1.50 lakhs p.m towards interim maintenance to her and to her two minor children and Rs.25000 towards litigation expenses - However, she has not filed proper documentary evidence - Order allowing application set aside - Matter remanded...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appeal by wife seeking enhancement of maintenance - Impugned order is not interlocutory order and it is an intermediary order - Appeal against said order is maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife claimed Rs.1.50 lakhs p.m towards interim maintenance to her and to her two minor children and Rs.25000 towards litigation expenses - However, she has not filed proper documentary evidence - Order allowing application set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appeal - Impugned order is an interlocutory order - There are no trappings of finality and substantial rights of parties were not affected - Appeal against such an order not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Order of maintenance should be passed from date of application and not from date of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Affidavit of assets and liabilities - Specific order should be passed asking parties to file affidavit of disclosure..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Photographs - It is not explained by which mobile phone, by whom and when photographs were clicked - On the basis of photographs it cannot be concluded that wife is living in adultery...........
