Maintainence/Interim Maintainence to wife calculation Judgements

interim maintenance/maintenance to wife

Here are some of the Judgments which help in assess the interim maintenance/maintenance to wife and how courts devise the amount.

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Revision vs By Advs.Sri.C.P.Peethambaran 

There is nothing to show that the wife has any job or income of her own. Though the husband made such a contention that she has her own income, there is no evidence to prove such a case. The respondent is admittedly a carpenter. He also practically admitted that a carpenter would get 750/- per day. But his case is that he would not get job everyday in a month. Anyway, the trial court made a rough assessment of the probable income of the husband as 15,000/- per month. What is awarded is only 1/3rd of the probable income assessed. In the particular facts and circumstances, I find that some slight modification can be made in the amount awarded by the trial court. The revision petitioner will have his own personal expenses and he will have other liabilities in the family consisting his parents, brothers and sisters. The concern of the court must be that the amount awarded R.P (FC) No.311 of 2014 by the court must reach in the hands of the claimant. If a huge amount is awarded, the claimant may not get it promptly, and the person liable may think of other options, if he finds it difficult to make payment of the huge amount. So, I feel that 2500/- will do justice to the wife and 1500/- will do justice to the child in the present circumstances, of course, subject to periodic modification and enhancement under Section 127 of Cr.P.C as and when needs and necessities increase and circumstances change.

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498a quash against relatives

498a quashed against relatives on false allegations

12/22/2016 Lal Babu Singh & Ors vs State Of Bihar & Anr on 7 August, 2013
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Cites 6 docs [
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Section 498A in The Indian Penal Code
Section 482 in The Code Of Criminal Procedure, 1973
Section 200 in The Code Of Criminal Procedure, 1973
Section 498 in The Indian Penal Code
Section 202 in The Code Of Criminal Procedure, 1973
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Patna High Court Orders
Lal Babu Singh & Ors vs State Of Bihar & Anr on 7 August, 2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35262 of 2012
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NI 138 Quashing

Here are the few judgements for  NI 138 Quashing

  1. On deposit of cheque amount along with interest @ 18% Pa from the date of cheque till date of payment the proceedings under 138 NI act was quashed. Dalmia Resorts Pvt Ltd V Deepak Gupta (2002)98 DLT 181
  2. When there was no averment in the complaint about petitioners, accused nos. 3 to 5 being in charge for conduct of business of accused no.1 company for the offence under NI. 138 NI act committed with their consent or connivance.
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Maintenance to professionally working wife

Here are some judgments which deals  with No Maintenance to professionally working wife

 

If both husband and wife equally qualified

“no law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning. ”

kirti-sharma-vs-kapil-parashar-ors

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Solution for Data Theft

The IT firms today are playing on Big Data an they should prevent their data from data theft, from User information like E-mail Ids, passwords,credit card number or may be any other sensitive data in your system for personal use or may be for business plans are all sensitive data and unauthorized access by your employees can create business problems and may be loss of reputation.The loss of information by a person who accesses your company data is covered under Data Theft In a recent case of a call center where an employee stole the sensitive data of the customers and later they misused the data by impersonating as company employees and defrauding the customers in the name of original entity company, thereby that BPO lost all the sensitive data and reputation.

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ALL About General Power of Attorney

What is a general power of attorney?

A power of attorney is an instrument that is used by people to confer authority on somebody else to legally act on their behalf. They can be of two types — special power of attorney (SPA) and general power of attorney (GPA). While an SPA is used for transfer of a specific right to the person on whom it is conferred, the GPA authorizes the holder to do whatever is necessary. For example, in property ‘sales’ using this instrument, the buyer gets a GPA from the seller not only for his own use of the property, but for further ‘sale’ to someone else if he so desires. Of course, a GPA holder can only ‘sell’ the property through another GPA.

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Things to check before buying a property

With the rise in the price of the property or getting a good price of the property, the unscrupulous sellers are selling their property to the multiple buyers. The common practice prevailing these days is that the seller enters into an agreement to sell with the first buyer and within the period of the execution of the agreement to sell, the seller gets the sale deed executed for the second buyer making the life hell for both the buyers.

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Acknowledgement of Debt & Limitation

Acknowledgement of Debt

Section 18 of the limitation act covers acknowledgement of debt  and thus the fresh start of the limitation period. It is a tool which always plaintiff uses to say that his suit is within the limitation period as there is an acknowledgement as per s.18 of limitation act and fresh limitation is started.

But what constitute an Acknowledgement which is under S.18 of the limitation act and starts the limitation period afresh. let us look at this example.

A lend money to B in year 2004, which is also due in 2004 and B acknowledge in writing in Year 2007 that he has money to pay to A, ordinarily the last date to file the suit is in the Year 2007 but due to acknowledgement within the year 2007 that the last date to file suit becomes 2010.

Here are the crucial aspect of acknowledgement

  1. it should be in writing, oral acknowledgement is inadmissible.
  2. It is should be made by the debtor only or his special attorney specifically assigned to make such acknowledgement, A manager of a company is only an employee and not entitle to issue acknowledgement
    Sh. R.K. Bhatia vs Container Corporation Of India … on 14 August, 2014
  3. The acknowledgement must be made within the limitation period as prescribed by the act.
  4. Like acknowledgement in book of accounts of a company as debt and signed by the

company director is a valid acknowledgement.

5. The wording of acknowledgement must be admission of debt, denial of its payment is of no consequence.

6. The trick is to have an undated acknowledgement signed by the debtor to prevent delaytory tactics of debtors.

Thanks & Regards,

Nitish Banka

9891549997

Interim Maintenance Reduced Judgments

Interim Maintenance Reduced Judgments

Here are some judgments in which the Interim Maintenance was reduced-:

Mohd. Zafarullah Khan vs Yasmeen Khan And Ors. on 3 November, 1989

11. Now on facts, the wife is working as a beautician and earning something. So far as the minor daughters are concerned, the petitioner has earned a huge amount staying in foreign countries and it is not difficult for him to pay at least Rs. 500/- per month to each of his daughters according to the status of the minor daughters which they enjoyed prior to the separation of their parents. It is the common ground of the wife that the husband is screening the properties while the husband pleads that he has to maintain his old parents and unmarried brothers and sisters. Having regard to the facts and circumstances of this case and considering the potentialities and status of the parties, I think Rs. 500/-per month each to respondents 2 and 3 would be the reasonable amount towards their maintenance pending disposal of the suit.

12. The order of the lower Court granting Rs. 2.000/- per month to the 1st respondent herein for a period of 3 months i.e., Iddat period as interim maintenance, is set aside as the same has to be determined after a full dressed trial at the time of the final disposal of the suit. The interim maintenance granted to respondents 2 and 3 is reduced to Rs. 500/-per month each.

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498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

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First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5)    “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having  been  based  either  on  no  evidence  or  on  materials  which  are  wholly  irrelevant  or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

the proceedings.

Warm Regards,

Adv.Nitish Banka

Advocate Supreme Court of India

nitish@lexspeak.in