In this condition Can I get monthly pension from my wife,because i have no income sources. The provisions of Section 16 also throw light on this aspect. Overview The concept of in India is covered both under and the personal laws. Hello, 1 You need to go ahead and prefer an appeal in the case as was not proved but a maintenance ordered as she and children have not been maintained. The matter stood posted to 2-8-1991, for examination of witnesses on behalf of the respondents herein.
Similar was the case on 8-3-1991. In a society where the marriage between a man and woman is considered to be sacred and supposed to last beyond the existence of the physical body and extend for generations, whether the existing legislations strike a balance in the matter of matrimonial offences committed by a man or a woman? The Family court has decided to pay monthly allowance rupees 14000 per month as maintenance. Under section 125, a present right has been conferred in relation to a past event and it will not make the section retrospective. You could let us know through the comments section or by contacting us through our page if you feel anything mentioned above is wrong. Thus, in those cases where a man, who lived with a woman for a long time and even though they may not have undergone legal necessities of a valid marriage, should be made liable to pay the woman maintenance if he deserts her. In Samaydin, the High Court of Allahabad observed that there may not be a discussion of such circumstances which warranted the Court to allow it to grant maintenance from the date of application.
As a general rule, therefore, the Magistrate should pass an order directing maintenance from the date of application. . The present petitioner filed a petition before the learned Magistrate for dismissal of the case on the ground that the present opposite party having been found guilty of desertion by a competent Matrimonial Court, she was not entitled to claim any maintenance. Following topics have been covered in this video: Security for keeping the peace on conviction: sec 106 Security for keeping the peace in other cases: sec 107 Security for good behaviour from persons disseminating seditious matters: sec 108 Security for good behaviour from suspected persons: sec 109 Security for good behaviour from habitual offenders: sec 110 Preliminary order: sec 111 Inquiry as to the truth of information: sec 116 Order to give security: sec 117 Imprisonment in default of security: sec 122 Other videos of Crpc: Maintenance of wives children and parents: sec 125-128. On that date, you have to appear before the court and the opposite party also have to appear before the court on the same date.
He then drove her out of his house, after snatching away her jewellery and cash. But it is also one of the considerations which is relevant and material while fixing the amount of maintenance. This order is under challenge in this application. Courts also insist that such unions should be qualitative and quantitative. Before the amendment of 2001, the ceiling was Rs. Law expects that wife should live with husband and husband should protect and maintain her. On that date, petitioner was present and a copy of the maintenance application was furnished to him.
There is a direct authority of this Court in Saradchandra Satbhai v. The respondent-husband questioned the status of the applicant-wife alleging the so-called marriage referred to by the applicant wife was a void marriage by virtue of the fact that it was in contravention of the provisions of the Bombay Prevention of Bigamous Marriage Act, 1946. The man should not be allowed to benefit from the legal loopholes by enjoying the advantages of a de facto marriage without undertaking the duties and obligations. Charlewar, the learned Counsel for the respondent-husband supports the impugned judgment and order passed by the learned Additional Sessions Judge and contended that in view of the dear dictum of the Apex Court in the case of Smt. She also challenged Talaq by filing a civil suit in my native place with some untenable grounds and i submitted my statement for it and matter is pending trial. Under section 125 1 an order of maintenance can be made if any person having sufficient means neglects or refuses to maintain his wife and upon proof of such neglect or refusal, a Magistrate of the first class may order such person to make a monthly allowance for the maintenance of his wife. Some of the to the matters of maintenance to wives, parents, sons, daughters and other dependents and the Acts covered within the jurisdiction of the Family Courts are the following.
Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at. It was contended for the petitioner that though proviso 2 of Section 126 of the Criminal Procedure Code enables the petitioner to file an application before the Magistrate and have the ex parte order set aside, it was open to the petitioner to forego that remedy and file a revision under section 397, Cr. In view of overall facts and circumstances, in our opinion, ends of justice would be served if we hold that both the appellants are entitled to an amount of Rs. Some notes are made by Vinayak. This is a free service provided by Vinayak pen name.
Major Issues: The Supreme Court in Captain Ramesh Chander Kaushal v. The principle of estoppels cannot be pressed into service to defeat the provision of Sec. Now I Started this site with wishes to help the people. Another ground which was sought to be raised on behalf of the respondent was that there was a second marriage by the husband, but the evidence on this point was not accepted by the learned Magistratebecause neither the respondent nor her brother Gangadhar had personal knowledge about the second marriage. About 16 years thereafter, sometime in 1992 the said opposite party started a proceeding against the petitioner under Section 125, Code of Criminal Procedure claiming a sum of Rs. Held :- The existence of a remedy under proviso 2 Section 126 Criminal Procedure Code to have the ex parte order set aside by showing good cause, does not preclude the respondent from challenging in a revision under section 397 of the Code, the legality of the order setting him ex parte.
It is for the legislature to consider and take appropriate measures. Those facts, therefore, ought to have been taken into account by the Family Court in fixing the amount of compensation. संहिता में भी धारा 91 में दस्तावेज प्रतिपक्षी से अथवा किसी से भी मंगाया जा सकता है और दस्तावेज लाने वाले को दस्तावेज साथ ला कर बयान देने के लिए कहा जा सकता है। इस तरह जिस संस्था में आप के पति काम करते हैं उस संस्था के प्रमुख को दस्तावेज ले कर न्यायालय में बुलाने के लिए समन जारी किया जा सकता है। आप इस मामले में अपने वकील से बात करें कि वह सीपीसी और दं. Ram Saran died on 7. Hence, when the Court ultimately decides after conducting the inquiry that she is entitled to maintenance, the said decision must necessarily be based upon the material showing that the wife was unable to maintain herself when she filed an application. Some other High Courts, have taken a contrary view.
The point which arises here did not arise for consideration in that case. Anjana Roy was entitled to get maintenance even though a decree of divorce was passed against her on ground of desertion, as held in the Single Bench decision earlier in point of time which was not referred to in the later decision. The appellant was married off in accordance with the local custom of Katha and Sindur. Since that decree was not obeyed, he brought a petition for divorce and obtained a divorce against her. In the aforesaid view of the matter, this Court does not find that the Court below has rightly looked into the aspect of the matter. Regardless of the maintenance ordered it would be the best ploy to challenge the quantum of maintenance and the order as such. For Production of witnesses by the husband enquiry stood adjourned to 24-10-1991.