Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two children - Husband is a senior police officer and is drawing handsome salary - Both the parties have levelled allegations and counter allegations against each other - Wife is not gainfully employed anywhere - She needs expenses for herself and for her children -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife refused to return to matrimonial house and refused to live with husband - She stated that she had performed marriage under pressure of her parental family and she was in love with respondent no.5 - Wife wants to stay with respondent no.5 - She stated that neither she claimed any maintenance from..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Fraud or coercion - It is not permissible for the Tribunal, while exercising powers under S.23(1) of the Act, to pronounce upon generally that the transfer of the property by way of gift or otherwise was fraudulent or that the transferor was guilty of fraud or..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Gift deed of suit property executed by father in favour of his son - Obligation was cast unequivocally on son to take care of father and on such condition and on such recital, gift deed was executed - Son had admitted about father not residing with him and therefore,..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Income of husband is Rs.40,000 p.m - What was the actual reason for wife for staying separate would be decided once parties are permitted to adduce their evidence - Liability of husband has also been discussed - Maintenance rightly granted to wife...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Husband miserably failed to prove that wife was unchaste - Wife thus, was justified in living separately - Husband has a milk business as corroborated by husband's allegation of being hardworking - He is liable to pay maintenance to wife - Omission by family Court to decide on the point of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - "living in adultery" means only continuous and repeated acts of adultery - Wife could not be eschewed from getting the maintenance u/s 125(4) Cr.P.C. on the substratum of single instance of adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself and her minor daughter...........
