Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be denied benefit of interim maintenance under the Act merely on the basis of allegations of illicit relationship which are yet to be proved during course of trial...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of proceedings - Non-consideration of Domestic Incident Report (DIR) - Where the complaint u/s 12 of the Act was filed by wife on her own through counsel, there could not have been any occasion for filing DIR by Protection Officer or Service Provider at the said stage -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of complaint - Husband after disposing properties shifted to rented accommodation without making any provision for maintenance of wife and children - Prima facie acts and conduct of husband constitute domestic violence - Wife does not have any source of income for maintenance..........
Maintenance -- Wife is entitled to know quantum of salary received by husband from his employer to make a rightful claim of maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Family Court while passing impugned order in favour of wife relied upon findings passed in petition for restitution of conjugal rights that wife attempted to commit suicide due to cruelty meted out to her - However, in said order there is also clear finding that alleged physical assault..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Parties arrived at a settlement before Lok Adalat in D.V proceedings and total maintenance of Rs.10,000 p.m fixed for wife and children - Husband not pleaded said settlement award same before Family Court in his counter to application u/s 24 of H.M Act - Since liberty was reserved by wife to claim..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings of determination of maintenance are summary proceedings - Detailed inquiry cannot be undertaken, as Family Court cannot calculate arithmetically exact figure of maintenance or interim maintenance...........
Criminal Procedure Code, 1973, Section 125, 91 -- Maintenance to wife - Production of income tax return and bank statement of Firm of wife - Wife has not only filed an affidavit but also copies of income tax returns from which it can be easily ascertained that what is the income of wife and whether she is in a position to maintain herself or not - Moreover, application of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because wife is earning, it does not automatically operate as an absolute bar for awarding maintenance - Parameter remains whether her source of income is sufficient to enable her to maintain herself along with minor child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nullity of marriage even if it is declared by a competent civil Court is not a bar for wife to claim maintenance...........
