Search Results for "Maintenance under Section 125 CrPC"

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Supreme Court Upholds Interim Maintenance Under Domestic Violence Act Against Brother-in-Law Based on Joint Family Business and Shared Household Allegations. Court declines to interfere with interim maintenance order at this stage, leaving merits for trial.

The Supreme Court disposed of an appeal against an interim maintenance order under the Protection of Women from Domestic Violence Act, 2005. The first...

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High Court of Karnataka Examines Constitutionality of Section 17 Prohibiting Legal Representation in Senior Citizens Act Proceedings. Petitioner, an Octogenarian, Seeks Declaration That Bar on Advocates is Ultra Vires Section 30 of the Advocates Act, 1960.

The dispute arose under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioner, an 82-year-old man, alleged that his son...

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Bombay High Court Dismisses Husband's Appeal Against Permanent Alimony and Residential Accommodation for Wife Under Section 25 of Hindu Marriage Act, 1955. Family Court's Order for Rs.5,000 Monthly Maintenance and Rs.3,00,000 for Housing Upheld as Husband Failed to Show Changed Circumstances.

The appellant husband and respondent wife were married under Hindu law. The Family Court dissolved the marriage by an ex parte decree of divorce under...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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High Court of Karnataka Quashes Arrest Warrant in Maintenance Case — Failure to Consider Objections and Lack of Proper Service Render Order Unsustainable. Family Court directed to reconsider husband's objections in proceedings under Section 125 CrPC after ensuring proper service of notice.

The petitioner, Sri Sailesh Kumar, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengalur...

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High Court of Karnataka Quashes Family Court Order Denying Interim Maintenance to Wife and Children in Domestic Violence Case — Held That Maintenance Cannot Be Denied on Ground of Wife's Earning Capacity Without Assessing Actual Income and Needs of Children.

The petitioners, Smt. Shylaja S.R. (wife) and her two minor sons, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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Bombay High Court Upholds Conversion of Appeal into Revision in Criminal Case — Procedural Flexibility Permitted. No bar under CrPC to treat appeal as revision or vice versa, following Mahesh Kumar v. State (1978 Cr.L.J. 390).

The petitioner, Aires Rodrigues, was prosecuted by the State in C.C. No.85/2007/A under Sections 143, 448, 504, 506 read with 149 IPC. The learned Chi...