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

June 2017

Maintenance—Wife highly qualified and capable to maintain herself—It cannot be a ground to reject the claim of maintenance.

By | June 27th, 2017|Maintenance|

Comments Off on Maintenance—Wife highly qualified and capable to maintain herself—It cannot be a ground to reject the claim of maintenance.

Hindu Marriage Act, 1955, S.24–Maintenance–When the maintenance is awarded under two different provisions, the maintenance awarded on lower side should be adjusted in the maintenance awarded on the higher side and after adjustment of lesser amount, difference of amount awarded on higher side is required to be paid.

By | June 22nd, 2017|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24–Maintenance–When the maintenance is awarded under two different provisions, the maintenance awarded on lower side should be adjusted in the maintenance awarded on the higher side and after adjustment of lesser amount, difference of amount awarded on higher side is required to be paid.

Maintenance—Even if wife is also earning something that per se does not entitle the husband to deny the status of living of wife as well as minor child.

By | June 11th, 2017|Maintenance|

Comments Off on Maintenance—Even if wife is also earning something that per se does not entitle the husband to deny the status of living of wife as well as minor child.

Maintenance—Court has to determine whether a qualified woman who can get a job can sit idle and insist on maintenance—Interim maintenance declined.

By | June 11th, 2017|Maintenance|

Comments Off on Maintenance—Court has to determine whether a qualified woman who can get a job can sit idle and insist on maintenance—Interim maintenance declined.

May 2017

Maintenance—Enhancement of—Modifying the order passed by the JM1C, would imply that the enhanced maintenance would be payable from the date of order passed.

By | May 27th, 2017|Maintenance|

Comments Off on Maintenance—Enhancement of—Modifying the order passed by the JM1C, would imply that the enhanced maintenance would be payable from the date of order passed.

Hindu Marriage Act, 1955, S.24–Maintenance Pendente Lite-Income of Husband-­Salary Certificate disclosing that the husband is earning only Rs 5,500/-

By | May 19th, 2017|Maintenance|

Comments Off on Hindu Marriage Act, 1955, S.24–Maintenance Pendente Lite-Income of Husband-­Salary Certificate disclosing that the husband is earning only Rs 5,500/-

Maintenance—Merely because wife is capable of earning is not, sufficient reason to reduce the maintenance awarded by the family court.

By | May 17th, 2017|Maintenance|

Comments Off on Maintenance—Merely because wife is capable of earning is not, sufficient reason to reduce the maintenance awarded by the family court.

February 2017

January 2017

December 2016

November 2016