Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that husband lost his job is not a ground to deny maintenance to wife, as husband being an able bodied man is expected to work and take care of wife - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Neither of parties filed their affidavits reflecting assets and liabilities - Trial Court granted maintenance without following the guidelines of Apex Court - Impugned order set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings u/s 125 Cr.P.C are primarily civil in nature and summary proceedings and strict rules, rules of evidence are not applied by Courts in summary proceedings - Impugned order of rejection of application by Court below taking hyper technical approach that marriage of husband with wife has not been..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife highly qualified and also earning - Wife not inclined to truthfully disclose her true income - Such a person is not entitled to maintenance - Claim of maintenance by wife under Protection of Women against Domestic Violence Act has also met the same fate and maintenance has been declined to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave her matrimonial home, as husband used to harass wife mentally and physically - If wife has sufficient reason to live separately, she cannot be denied maintenance u/s 125 Cr.P.C. - Maintenance @ Rs.4000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
