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Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149  – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

DNA – Evidentiary value of blood tests for determining paternity

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CrPC S. 125 - Maintenance – Overlapping jurisdiction - Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount

Hindu Marriage Act, S. 24 - Permanent alimony – Quantum of maintenance - CrPC S. 125

Home Family Law

Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

by PLRonline
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Hindu Marriage Act, 1955 (25 of 1955) Section 24 (as amended by Act 49 of 2001 w.e.f. 24.09.2001) – Criminal Procedure Code, 1974 (II of 1974) Section 125 – Family Courts Act, 1984 (16 of 1984) – Interim maintenance – In the first instance, the Family Court in compliance with the mandate of Section 9 of the Family Courts Act, 1984, must make an endeavour for settlement of the dispute – If the proceedings for settlement are unsuccessful, the Family Court would proceed with the matter on merits – A professional Marriage Councillor must be made available in every Family Court – Contemporary society, where several marriages do not last for a reasonable length of time, it may be inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – The duration of the marriage would be a relevant factor to be taken into consideration for determining the permanent alimony to be paid – Reasonable expenses for the marriage of children must be made at the time of determining permanent alimony – If there are any trust funds / investments created by any spouse / grandparents in favour of the children, this would also be taken into consideration while deciding the final child support. #2020

PLRonline 4498300

Tags: CrPC S. 125, Family Courts Act, HMA S. 24, Maintenance
Tags: CrPC S. 125Family Courts ActHMA S. 24Maintenance

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