Family Courts Act, 1984, Section 7 -- Return of gold ornaments - Keeping gold ornaments of wife in a locker in her own name, cannot amount to entrustment of same to husband...........
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(f) -- Monetary expenses in lieu of shared house - Husband living with his first wife - In such circumstances directing respondent to stay in the same house in a separate room would not be feasible practically - Sum of Rs.5000/- p.m. thus, granted to respondent so that she can find out suitable alternate..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Maintenance -- Maintenance to wife - If a wife is getting maintenance under one provision of law, then there is no law that she cannot get maintenance amount at all under another provision of law...........
Will -- Exclusion of son from property under Will - Relationship between testator and his son got stained in 1984 - This fact is admitted by son of testator - Son also filed a partition suit against his father/testator - Testator was alive for nearly 11 years after execution of Will - On account of close relationship, testator after death of his brother wanted to protect..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband has not disclosed his real income before Court below - He had made several defaults in payment of maintenance awarded by Court below - However, considering the changed circumstances relating to husband which has affected his earnings as he lost his job in Portugal, maintenance awarded..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced Muslim wife is entitled to get maintenance till she remarries unless claim for `a reasonable and fair provision and maintenance' to be paid u/s 3 of Muslim Women Act to divorced wife is not paid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was living separately due to cruel behaviour of husband - Husband not raised any contention that wife is capable of maintaining herself - Wife on the other hand specifically asserted that husband had been getting Rs.1 lakh p.m, though income of husband was not exactly proved - Husband thus, bound to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
