Criminal Procedure Code, 1973, Section 125 -- Maintenance - Though application u/s 125 Cr.P.C is made before Criminal Court as defined u/s 6 Cr.P.C, but right decided by Court is purely civil in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Proceedings initiated u/s 125 Cr.P.C is quasi civil and quasi criminal - Provision of S.11 CPC i.e. principle of res judicata is applicable to proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Res judicata - Earlier two cases filed u/ss 125, 126 Cr.P.C have been rejected for want of prosecution and same have not been finally decided after affording opportunity of hearing to applicant - Fresh application filed u/s 125 Cr.P.C for same relief/cause of action is maintainable, as principle of res..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Senior citizen - Maintenance - Father senior citizen claiming maintenance from his eldest son as he being the only one capable of maintaining him out of his three sons - Tribunal can award monthly maintenance to senior citizen when he is not able to maintain himself and children or relative..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - Deed of gift followed by a declaration, within seven days of the execution of gift deed, signed by both the parties that transferee would look after the food, daily needs and medical requirements of transferor - Declaration/undertaking should be taken as continuation..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Revocation of gift deed - Deed of gift followed by a declaration, within seven days of the execution of gift deed, signed by both the parties that transferee would look after the food, daily needs and medical requirements of transferor - Declaration/undertaking should be taken as continuation..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - When it is alleged that conditions mentioned in S.23(1) of the Act are attached to a transfer, existence of such conditions must be established before Tribunal...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Gift deed in question does not contain any stipulation that transferee will maintain senior citizen - In the absence of any condition stipulated in said document, provision of S.23(1), (2) of the Act are not attracted - Gift deed cannot be cancelled - Single Judge..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claimed by transgender who performed surgery to change gender to a female - Petitioner has Sweet Shops and Snack Center and he is getting income of Rs.25,000 to 30,000 per day and also have immovable properties - Interim maintenance of Rs.12,000 p.m. rightly granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife herself abandoned matrimonial home and from last 10 years she is residing separately - Husband is interested in continuing marital life with wife and therefore, filed a petition u/s 9 of the Act - Family Court rightly allowed application u/s 9 of Hindu Marriage Act filed by husband - Wife failed to..........
