Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Has to be granted during pendency of petition under the Act - Maintenance pendente lite cannot be declined on the ground that marriage is null and void as the same is to be decided after parties lead evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage by a Muslim husband with sister of his wife when wife is alive and earlier marriage is still subsisting - Such marriage is irregular and not void - An irregular marriage continues to subsist till it is terminated in accordance with law and wife and children of such marriage are entitled to maintenance u/s..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage - Marriage during subsistence of first marriage - No evidence produced by husband that his first marriage was held strictly in accordance with Saptpadi or in accordance with the traditions of his community or that his first wife was alive at the time of the second marriage - Factum of first..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Husband already married - At the time of marriage first wife not living with husband - Husband lived with petitioner for over five years and a daughter born to them - It is unreasonable to void marriage solely for purpose of denying maintenance to claimant - Husband a man of means - Wife awarded..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband below 21 years at the time of marriage - Civil suit for declaration of marriage being void pending - Validity of marriage not a ground to refuse maintenance if other requirements for grant of maintenance u/s 125 Cr.P.C. are fulfilled...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Woman of a void marriage is not entitled to maintenance - However, son born out of such marriage is entitled to claim maintenance from his father...........
Hindu Marriage Act, 1955, Section 25 & 11 r, w, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11,..........
Hindu Marriage Act, 1955, Section 25, 11, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11, annulment..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to be pregnant at the time of marriage and this fact concealed by wife as such marriage alleged to be invalid - It was difficult to believe that woman who was five months pregnant could conceal pregnancy from husband - Husband cannot be said not in know of fact of pregnancy and cannot be heard to say..........
Matrimonial dispute -- Family settlement - Specific performance - Interim maintenance - Written agreement between the parties - As per 'Memo of Settlement' husband was to provide a residential house to the wife and has to pay Rs.40,000/- per month free of income tax for the maintenance of wife and daughter - In the suit wife held to be entitled to interim maintenance @..........
