Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof - Strict proof of marriage not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case evidence of wife, birth certificate of children,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance petition filed in the year 2003..........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Karta of family had every right to sell suit land belonging to family to discharge debt liability and spend some money to make improvement in agricultural land for maintenance of his family - Existence of legal necessity stood proved - Plaintiff being son of Karta was one of coparceners along with his..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Grant of Rs.2.50 lakhs by trial Court - Appellate Court reduced it to Rs.50,000/- per month - Both trial Court and Appellate Court arrived at a figure of maintenance on the basis of affidavits filed by both the parties along with their respective documents - In such circumstances..........
Criminal Procedure Code, 1973, Section 154, Police Act, 1861, Section 44 -- FIR - General Diary - Non-maintenance of General Diary per se may not render whole prosecution illegal - However, such no, maintenance of General Diary may have consequences on merits of case, which is a matter of trial...........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Suit for creation of charge of maintenance filed by wife - During pendency of said suit, property in question sold by husband in favour of third party - Provision of S.52 of the Act held, applicable to said transaction...........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge on property - During pendency of suit, property in question sold by husband in favour of third party - Transferee was not put in possession of property and possession of husband continued - Sale of property by husband also not appear to be bonafide - Transfer of property made with intent to defeat claim of..........
Transfer of Property Act, 1882, Section 100, 52 -- Charge - Transfer of property during pendency of suit for maintenance - Plea that there will be no charge when property is transferred for consideration and without notice - Not applicable in the instant case as transferee not a bona fide purchaser and moreover sale was subject to provision of S.52 of the Act, and apart..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 66 -- Auction sale - Enforcement of maintenance decree filed by wife of defendant No.1 - Non-compliance of O.21.R.66 CPC - Sale and its confirmation itself not questioned on any ground whatsoever by plaintiff - Ground relating to no, compliance of O.21.R.66 CPC not taken in plaint and in the absence of evidence, it..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 13 -- Divorce - Wife seeking pendente lite maintenance u/s. 24 of HMA - Maintenance already granted u/s.125 Cr.P.C. - Effect - Maintenance granted u/s.24 of HMA would supersede maintenance granted u/s.125 Cr.P.C...........
