Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to husband - Wife produced income tax assessment of husband for the last four years - High Court in appeal cannot look into the material which is not produced in trial Court but High Court looked into the returns as matter involves payment of maintenance and wife did not have legal assistance before Family Court -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - Onus is upon transferor who invokes S.23 of the Act to show that transfer of property in dispute either by way of gift or otherwise bore condition that transferee shall provide basic amenities and basic physical needs to transferor...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - No condition mentioned in gift deed which mandated petitioner to provide basic amenities and physical needs to senior citizen and without incorporating such a condition in the gift deed, the same cannot be declared as null and void - Gift deed was executed in 2010 and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim women - Divorced Muslim women is entitled to claim maintenance u/s 125 Cr.P.C even after the period of iddat and for whole life unless she is disqualified for reasons such as marriage with some one else...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Depriving appellant of interim maintenance - Order set aside...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Affidavit disclosing assets and liabilities not filed by husband - Order granting maintenance to wife set aside - District Judge directed to re-decide the application subject to directing husband to file affidavits in compliance with judgment of Rajnesh and Neha and to decide the same afresh, preferably..........
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(f) -- Monetary expenses in lieu of shared house - Husband living with his first wife - In such circumstances directing respondent to stay in the same house in a separate room would not be feasible practically - Sum of Rs.5000/- p.m. thus, granted to respondent so that she can find out suitable alternate..........
