March 2019

February 2019

January 2019

Hindu Marriage Act, 1955, S.24—Maintenance—Income of Husband—As per income tax return of husband his gross income during 2009-2010 was Rs. 5,32,991/- —No material on record to establish that income of husband has deteriorated-Held; husband would not be earning less than sum of Rs.l lakh, even if income has been decreased after 2010-2011-Sum of Rs.20,000/- per month awarded as maintenance pendent lite.     

By | January 26th, 2019|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24—Maintenance—Income of Husband—As per income tax return of husband his gross income during 2009-2010 was Rs. 5,32,991/- —No material on record to establish that income of husband has deteriorated-Held; husband would not be earning less than sum of Rs.l lakh, even if income has been decreased after 2010-2011-Sum of Rs.20,000/- per month awarded as maintenance pendent lite.     

Maintenance—To child—It is no preposition of law that in all circumstances welfare of child can be ignored in an application for interim maintenance u/s 24 and S.25 of the Act

By | January 26th, 2019|Maintenance|

Comments Off on Maintenance—To child—It is no preposition of law that in all circumstances welfare of child can be ignored in an application for interim maintenance u/s 24 and S.25 of the Act

Maintenance—The first and foremost duty of the husband is to maintain the wife and the child—He may beg, borrow or steal Maintenance—Sentence for non-payment—Court can award sentence up to a maximum of one month for each month of default in payment. Maintenance—Sentence for non-payment—On undergoing imprisonment in default of maintenance, liability to pay will not wipe out, which shall subsist till the payment is made.

By | January 20th, 2019|Maintenance|

Comments Off on Maintenance—The first and foremost duty of the husband is to maintain the wife and the child—He may beg, borrow or steal Maintenance—Sentence for non-payment—Court can award sentence up to a maximum of one month for each month of default in payment. Maintenance—Sentence for non-payment—On undergoing imprisonment in default of maintenance, liability to pay will not wipe out, which shall subsist till the payment is made.

December 2018

August 2018

Hindu Marriage Act, 1955, S.24–Maintenance–Application under Section 24 of the Act, the interim maintenance is required to be allowed on the basis of pleadings on the touchstone of broad probabilities.

By | August 19th, 2018|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24–Maintenance–Application under Section 24 of the Act, the interim maintenance is required to be allowed on the basis of pleadings on the touchstone of broad probabilities.

Hindu Marriage Act, 1955, S,24«Maintenance–Reduction of-Rs. 50,000/- p.m. was awarded for maintenance of wife and son-Considering the fact that wife is living in the house of husband and she is having an independent income and also the fact that the maintenance is only for her support to son; the maintenance of Rs. 50,000/ – per month reduced to Rs. 20.000/- per month from the date of filing of application till the date of majority of the son.  

By | August 16th, 2018|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S,24«Maintenance–Reduction of-Rs. 50,000/- p.m. was awarded for maintenance of wife and son-Considering the fact that wife is living in the house of husband and she is having an independent income and also the fact that the maintenance is only for her support to son; the maintenance of Rs. 50,000/ – per month reduced to Rs. 20.000/- per month from the date of filing of application till the date of majority of the son.  

March 2018

February 2018

January 2018

November 2017

October 2017

Maintenance—Pendente lite—Assessment of income of husband—Nothing wrong in accessing information from the Internet in this digital age though no implicit reliance can be placed on information gathered from the Net or taken judicial notice. Maintenance—Pendente lite—So long as discretion has been exercised reasonably and judiciously to serve the ends of justice in the present day context where even the prices of essential commodities are sky rocketing and presently in a GST regime; interference by court is not called for.

By | October 28th, 2017|Maintenance|

Comments Off on Maintenance—Pendente lite—Assessment of income of husband—Nothing wrong in accessing information from the Internet in this digital age though no implicit reliance can be placed on information gathered from the Net or taken judicial notice. Maintenance—Pendente lite—So long as discretion has been exercised reasonably and judiciously to serve the ends of justice in the present day context where even the prices of essential commodities are sky rocketing and presently in a GST regime; interference by court is not called for.

August 2017

July 2017

Hindu Marriage Act, 1955, S.24—Maintenance pendete lite—Though there cannot be any evidence at this stage but still the relevant factors are necessary to be considered–In present case, there was no discussion as to how the children are entitled for interim maintenance in a petition u/s 24 HMA-Case remanded for fresh disposal.

By | July 30th, 2017|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24—Maintenance pendete lite—Though there cannot be any evidence at this stage but still the relevant factors are necessary to be considered–In present case, there was no discussion as to how the children are entitled for interim maintenance in a petition u/s 24 HMA-Case remanded for fresh disposal.

Civil Procedure Code, 1908, S.24–Transfer Petition-Divorce petition filed by husband at Mohali—Wife alongwith children residing at Ludhiana and had filed petition u/s 125 there-Divorce petition transferred to Ludhiana keeping in view convenience of wife

By | July 15th, 2017|Maintenance, Transfer of Civil cases|

Comments Off on Civil Procedure Code, 1908, S.24–Transfer Petition-Divorce petition filed by husband at Mohali—Wife alongwith children residing at Ludhiana and had filed petition u/s 125 there-Divorce petition transferred to Ludhiana keeping in view convenience of wife

Hindu Marriage Act, 1955, S.25–Permanent Alimony-Modification of Order-Where the court is satisfied that due to change in the circumstances, the variation is required to be made in the permanent alimony and maintenance awarded by it earlier

By | July 8th, 2017|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.25–Permanent Alimony-Modification of Order-Where the court is satisfied that due to change in the circumstances, the variation is required to be made in the permanent alimony and maintenance awarded by it earlier

Criminal Procedure Code, 1973, S.125 & S.482–Maintenance–Presumption of legitimacy of child-Husband and wife both have resided together in their matrimonial home for a long time—Marriage is not disputed between them– It cannot be doubted that was not born out of their matrimonial relationship

By | July 2nd, 2017|Maintenance|

Comments Off on Criminal Procedure Code, 1973, S.125 & S.482–Maintenance–Presumption of legitimacy of child-Husband and wife both have resided together in their matrimonial home for a long time—Marriage is not disputed between them– It cannot be doubted that was not born out of their matrimonial relationship