Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Date from which payable - Maintenance be awarded from the date on which application was made..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Special Marriage Act, 1954, Section 37 -- Maintenance - Husband has source of income and is not proved as a man unable physically to earn more income by other means of livelihood - He is thus, morally obliged to maintain wife who is deserted by him - No evidence on record that wife is capable to maintain herself - Husband directed to pay maintenance to wife @ Rs.4000 at..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Interim custody of illegitimate child - Petitioner himself admitted that minor child was born not out of a wedlock but out of a romantic relationship between petitioner and mother of child - It is the mother who is the natural guardian of illegitimate minor child - Material on record does not prima facie imply that..........
Special Marriage Act, 1954, Section 29 -- Divorce petition within one year of marriage - Petition cannot be dismissed for want of leave u/s 29 of the Act, other than following procedure provided u/s 29(1) Proviso of the Act...........
Special Marriage Act, 1954, Section 29 -- Divorce petition within one year of marriage - Leave of Court is necessary to present a petition before expiry of one year from date of marriage...........
Special Marriage Act, 1954, Section 29 -- Divorce petition within one year of marriage - Family Court ought to have scrutinized petition and directed respondent to seek leave for sustaining alternative prayer for divorce, before issuing process to opposite party - Court not to pass a decree before expiry of one year from date of marriage, which is sole prohibition u/s 29..........
Special Marriage Act, 1954, Section 36 -- Maintenance pendente lite - Court below awarded Rs.7000 to minor girl as maintenance but refused to grant maintenance pendente lite to wife - No opportunity granted to wife to deal with documents or counter documents filed by husband - Wife should have been given an opportunity to deal with all documents produced by husband and..........
Special Marriage Act, 1954, Section 37 -- Permanent alimony - Husband getting salary of Rs.16,500 pm from his occupation as Vice Principal of college - No material placed in regard to other source of income or income from any property - Husband also remarried after dissolution of marriage with wife - Permanent alimony thus, directed to be payable by husband to wife..........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27(d) -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately since 2014 - Marriage between parties has broken - Deed of Agreement is signed and disputes have been settled to convey to Court that parties did not want to live together - Continuation of such marriage will..........
