In the case of Sudeep Chaudhary vs Radha Chaudhary – AIR 1999 SC 536, wife had filed an application under Section 125 of Code of Criminal Procedure and was awarded the maintenance @ of Rs.350/- per month and was subsequently enhanced to Rs.500/- per month. In the proceeding under the Hindu Marriage Act, 1955 also interim alimony was sought by […]

Section 125 of the Code of Criminal Procedure – Section 18(1) of the Hindu Adoptions and Maintenance Act, 1956- The court is not at liberty to grant relief of maintenance simpliciter obtainable under one Act in proceedings under the other. As is evident, both the statutes are codified as such and are clear on their subjects and by liberality of interpretation interchangeability cannot be permitted so as to destroy the distinction on the subject of maintenance.

Alimony— (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of […]

Before the Family Court, an application under Section 125, Cr.PC has been filed by the respondents for maintenance. In the said proceedings, the respondents filed their affidavit in evidence and petitioner has been directed to cross-examine on the affidavit. At this stage, petitioner raised an objection in writing that in the proceedings, evidence can not be taken on affidavit, but the respondent should be examined in the Court in the presence of petitioner or his Counsel. Family Court relying on Section 10(3) of the Family Court Act found that the Family Court is having jurisdiction to adopt its own procedure for recording evidence and relying on provisions of Code of Civil Procedure held that the affidavit can be received in evidence and rejected the application of the petitioner. This order is under challenge in this petition.

Digest Domestic Violence Act 2005 Law of Domestic Violence-Commentary on The Protection Of Women From Domestic Violence Act 2005 Came into force on 26-10-2006, vide S.O. 1776(E), dated 17th October, 2006, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 17th October, 2006. 1. Short title, extent and commencement.— (1) This Act may be called the Protection of Women […]

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