Family Courts Act, 1984, Section 7 -- Suit for recovery of gold ornaments, money and maintenance - Inconsistencies in version of witnesses on behalf of husband and thus, defence of husband is thoroughly defeated - Entrustment alone was denied by husband and misappropriation pleaded and deposed was not denied specifically by husband - Version of wife that 25 sovereign of..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(2) -- Property of senior citizen - Restoration of - Writ Petition - Maintainability - Property lost in deceptive transactions - However, civil suit in respect of suit property is already pending - Writ petition is not maintainable where a civil suit is pending in respect of a lis - Even otherwise,..........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv) -- Adoption - Validity - Petitioner was above 15 years of age on the date when he is said to have been taken in adoption - Adoption held, not valid - Claim of petitioner for compassionate appointment on basis of said adoption being adoptive son of deceased employee rightly rejected...........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Relevant consideration for award of interim maintenance is inability of spouse to maintain himself or herself for want of independent income or inadequacy of income to maintain at the level of social status of other spouse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Family Court is not precluded from enhancing amount of maintenance payable u/s 24 of the Act from time to time...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband concealed the fact that he is employed in Company and proceeded to make an averment that he is working as a labourer - Averment made by wife regarding income from irrigated agriculture land was not denied by husband - No material placed on record that wife is employed - Family Court awarded interim..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Order to pay from date of order - Application filed on 06.06.2014 and decided on 07.09.2017 - During the pendency of application wife was being taken care of by husband - Court was perfectly justified in not allowing application from the date of its filing but had deliberately made the order operational..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order - Wife was expelled from her matrimonial house and she is unable to maintain herself and is dependent upon her mother - Whereas, husband gets salary of Rs.55,540 pm - On oath statement of wife and her mother are uncontroverted - Husband did not opt to contest the case, as he did not adduce..........
