Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and children - Dispute as to paternity of children - DNA test - Husband refused to go for DNA test - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Husband cannot deny paternity of children when he refuses to..........
Hindu Adoptions and Maintenance Act, 1956, Section 7Proviso -- Adoption - Without consent of wife - No independent evidence to show that adoption was with consent of wife - Mere presence of wife in the rituals of adoption cannot be considered as her consent, as such presence would be as spectator in the assembly of people - Adoption not valid...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
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..........
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...........
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 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
