WIFE LIVING SEPARATELY DOES NOT AMOUNT DESERTION ..
Whether a Muslim wife residing in her own family house and away from her husband, is entitled to claim divorce on the ground under Section 2(ii) of the Dissolution of Muslim Marriage Act, 1939, hereinafter referred to as the Act, that her husband "ha..
HINDU MARRIAGE ACT, 1955 Section 13 Divorce — Divorce obtained on the basis of divorce deed — Allegation by wife that deed obtained coercively and by use of force — Trial Court granted decree of divorce, upheld by first appellate Court — High Cou..
(A) Hindu Law - Source of law - Customs - Custom is one of the three sources of Hindu Law - They are local customs, class customs, family customs - Custom may override a statute subject, of course, to a clear proof of usage. (Paras 9 and 10) (B)..
Section 125 Cr.P.C. Quantum of maintenance..
A divorced Muslim woman can not claim maintenance from her former husband under Section 125 Cr.P.C...
Daughter in law can't claim Right to Live in In-laws house...
A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..
while determining the question as to which parent the care and control of a child should be committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute..
Code of Criminal Procedure, 1973, s. 125 - Whether interim maintenance could be awarded in absence of specific and express provision; whether the applicant-wife and her daughter are entitled to maintenance from the date of the order passed by the Fam..
the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. And if he intents to pass such an order, he is required to record reasons in support of such order. ..
if the appraisal of the evidence by the trial court suffers from a material irregularity or is based on inadmissible evidence or on a misreading of the evidence or on conjectures and surmises the appellate court is entitled to interfere..
498A creulty not proved, a detail judgement from the Apex Court..
The Trial Court dismissed the complaint on the ground that there was delay of more than nine months in lodging the complaint and that the allegations were vague and unspecific and the case was filed only to harass the appellants. ..
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