Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4 -- Eviction order - Can be passed u/s 4 of the Act against child and grandchild if condition set out in S.4 of the Act read with other provisions are satisfied...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4 -- Eviction order against son - Property of mother - Mother who is 73 years of age regularly beaten by his son and his wife - Various complaints were filed against son and his wife and copies of said complaints were already annexed to the present application - Mother was also prevented from using..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Provision of maintenance u/s 125 Cr.P.C. is neither penal nor compulsory, but is to be decided in the light of the financial capacity of wife to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficiently earning wife - Wife is drawing salary at a higher rate than that of husband - She is not entitled to maintenance from husband - Impugned order of granting maintenance to wife set aside - However, husband directed to pay Rs.10,000/- monthly maintenance each to two children...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Welfare of senior citizens - Pre-requisites of S.23(1) are : (a) Senior citizen has transferred his property by way of a gift deed or otherwise, after commencement of this Act; (b) transfer was subject to condition that transferee shall provide basic amenities and basic physical needs to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, 23(1) -- Jurisdiction of tribunal - Suit for recovery of possession - Essentials of S.23(1) not fulfilled - Admittedly, petitioner and respondent-senior citizen are strangers - Transfer of disputed premises to petitioner was not subject to any condition as mentioned in S.23(1) of the Act - Thus,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adjustment of amount awarded under other provisions of law - Adjustment is permissible and can be allowed of lower amount against higher amount - Though wife can simultaneously claim maintenance under different enactments, it does not in any way mean that husband can be made liable to pay maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Aggrieved person is bound to inform Magistrate, if she is already receiving the maintenance u/s 125 Cr.P.C. or in any legal proceeding before the civil court - Though proceeding under the Act may be an independent proceeding, Magistrate cannot ignore the maintenance awarded, if any, in any..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of Act of 2005 - Though there may not be any express provision u/s 125 Cr.P.C., it may not be impermissible to take into account maintenance or interim maintenance, if any, already awarded to..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against..........
