11 Factors to be considered by the Court while awarding interim Maintenance
8 years, 7 months ago

11 Factors to be considered by the Court while awarding interim Maintenance

Live Law  

Delhi High Court has recently re-iterated the factors to be considered by the Court while deciding an application for interim Maintenance. A Division Bench of Justices Pradeep Nandrajog and Pratibha Rani has observed that the object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency. A Division Bench of Justices Pradeep Nandrajog and Pratibha Rani has observed that the object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of fund. The Bench has also re-iterated the following factors to be considered by the Court, while awarding the amount, as held by High Court in Sh.Bharat Hegde Vs. Smt.Saroj Hegde Status of the parties. The Bench also held that, the Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at prima-facie determination about the earning capacity of the rival claimants.

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History of this topic

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC
Top News
4 days, 12 hours ago

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC

Hindustan Times  

New Delhi, The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not "idleness", the Delhi High Court has held. Maintenance law meant to promote equality among spouses, not idleness: Delhi HC The high court said qualified wives, having an earning capacity but desirous of remaining idle, …

Delhi High Court Monthly Digest: February 2025 [Citations 119- 251]
1 week, 4 days ago

Delhi High Court Monthly Digest: February 2025 [Citations 119- 251]

Live Law  

Citations 2025 LiveLaw 119 to 2025 LiveLaw 251NOMINAL INDEXSeema Jamwal vs. Union of India and Ors. vs. Union Of India & Ors 2025 LiveLaw 133 Public Information Officer Office Of District vs. Harish Lamba 2025 LiveLaw 134 DEEPAK JAIN & ORS v. BASKETBALL FEDERATION OF INDIA & ORS 2025 LiveLaw 135 M/S SMEC India Ltd. v. Principal Commissioner Of Income …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 4 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Delhi High Court Weekly Round-Up: February 03 To February 09, 2025
Trending News
1 month, 2 weeks ago

Delhi High Court Weekly Round-Up: February 03 To February 09, 2025

Live Law  

Citations 2025 LiveLaw 122 to 2024 LiveLaw 152NOMINAL INDEXSunil Kumar Singh v. Union of India 2025 LiveLaw 122 LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS. Date Of Assessment Order Recommending Penalty For Accepting Cash Above ₹2 Lakh Not Relevant For Determining Limitation U/S 275 Of Income Tax Act: Delhi HC Case title: Property Plus Realtors v. Union …

Delhi High Court Weekly Round-Up: January 20 To January 26, 2025
1 month, 3 weeks ago

Delhi High Court Weekly Round-Up: January 20 To January 26, 2025

Live Law  

Citations 2025 LiveLaw 66 to 2024 LiveLaw 94NOMINAL INDEXM/s Jaiprakash Associates Limited v. M/s NHPC Limited 2025 LiveLaw 66 KBS Industries Ltd & Anr. 2025 LiveLaw 90 VIJENDER GUPTA & ORS v. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS 2025 LiveLaw 91 Principal Commissioner Of Income Tax – 1, New Delhi v. DCM Shriram Ltd. 2025 LiveLaw 92 …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 1 week ago

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 3 weeks ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

Delhi High Court Monthly Digest: November 2024 [Citations 1193 - 1304]
3 months ago

Delhi High Court Monthly Digest: November 2024 [Citations 1193 - 1304]

Live Law  

Citations 2024 LiveLaw 1193 to 2024 LiveLaw 1304NOMINAL INDEXHARI OM SHARMA v. SAUMAN KUMAR CHATTERJEE & ANR 2024 LiveLaw 1193Jeewraj Singh Shekhawat vs. UOI & Ors 2024 LiveLaw 1194MATTHEW JOHNSON DARA v. HINDUSTAN URVARAK AND RASAYAN LTD 2024 LiveLaw 1195MOHD. SATYA PAL GUPTA 2024 LiveLaw 1304 Ban Imposed U/S 69 Of Partnership Act Has No Application To Arbitral Proceedings: Delhi …

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
3 months, 1 week ago

Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court

Live Law  

While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. In appeal, the Gujarat High Court enhanced the amounts, granting the respondent-wife …

Delhi High Court Weekly Round-Up: November 18 To November 24, 2024
3 months, 3 weeks ago

Delhi High Court Weekly Round-Up: November 18 To November 24, 2024

Live Law  

Citations 2024 LiveLaw 1246 to 2024 LiveLaw 1281NOMINAL INDEXANI v. RSY News & Anr. Versus M/s Fiberfill Engineers 2024 LiveLaw 1281 Delhi High Court Directs RSY News To Take Down Original Videos Of ANI In Copyright Infringement Suit Title: ANI v. RSY News & Anr. Ltd. Citation: 2024 LiveLaw 1257 The Delhi High Court bench of Justice Subramonium Prasad affirmed …

Delhi High Court Monthly Digest: May 2024 [Citations 523 - 665]
9 months, 2 weeks ago

Delhi High Court Monthly Digest: May 2024 [Citations 523 - 665]

Live Law  

Citations 2024 LiveLaw 524 to 2024 LiveLaw 665 NOMINAL INDEX AMARJEET GUPTA v. ELECTION COMMISSION OF INDIA & ORS 2024 LiveLaw 524 ANIL KUMAR HAJELAY & ORS. 2024 LiveLaw 662 Colgate Palmolive Company & Ors v State of NCT & Anr & Connected matters 2024 LiveLaw 663 Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust 2024 LiveLaw 664 Sanjay Khatri vs. …

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC
11 months ago

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal …

Delhi High Court Weekly Round Up: April 08 To April 14, 2024
11 months, 1 week ago

Delhi High Court Weekly Round Up: April 08 To April 14, 2024

Live Law  

Citations 2024 LiveLaw 418 to 2024 LiveLaw 450NOMINAL INDEXHarish Chandra T & Ors v. ICAI 2024 LiveLaw 418Canara Bank Versus Assistant Commissioner, DGST 2024 LiveLaw 419Agra Portfolio Pvt. 30 Days Grace Period Expired During Court Break, Section 34 Petition Can't Be Entertained Even If Filed On Reopening: Delhi High Court Case Title: MyPreferred Transformation & Hospitality v. Faridabad Implements Pvt …

Delhi High Court Monthly Digest: February 2024 [Citations 119 - 238]
1 year ago

Delhi High Court Monthly Digest: February 2024 [Citations 119 - 238]

Live Law  

Citations 2024 LiveLaw 119 to 2024 LiveLaw 238 NOMINAL INDEXX v. Y 2024 LiveLaw 119DHARAM NARAYAN GAUTAM v. STATE THROUGH ECONOMIC OFFENCES WING & ANR. Ltd. Citation: 2024 LiveLaw 143 The Delhi High Court bench comprising of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju dismissed a Section 34 application filed by Exotic Buildcon Pvt. Delhi HC Denies Anticipatory Bail …

Delhi High Court Weekly Round-Up: January 29 To February 04, 2024
1 year, 1 month ago

Delhi High Court Weekly Round-Up: January 29 To February 04, 2024

Live Law  

Citations 2024 LiveLaw 109 to 2024 LiveLaw 134NOMINAL INDEXAJAY KUMAR v. UNION OF INDIA & ORS. 2024 LiveLaw 134 Delhi High Court Upholds Arbitral Award For Transfer Of School's "KashmirHarvard" Domain Name To Harvard College, Imposes 50K Cost Title: KASHMIR HARVARD EDUCATIONAL INSTITUTE v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE Citation: 2024 LiveLaw 118 The Delhi High Court has upheld …

Overlapping Jurisdiction To Grant Maintenance Under Different Legislations Leads To Conflicting Orders, 'Forum Shopping': Delhi High Court
1 year, 3 months ago

Overlapping Jurisdiction To Grant Maintenance Under Different Legislations Leads To Conflicting Orders, 'Forum Shopping': Delhi High Court

Live Law  

The Delhi High Court has recently said that there is an overlapping of jurisdiction to grant interim maintenance under various enactments which leads to conflicting judgments or orders at different stages between the parties.“Such conflicting Orders, in the similar facts and without any change in circumstances, under overlapping jurisdiction of different Acts, creates a sense of. The Delhi High Court …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
1 year, 3 months ago

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Delhi High Court Grants 7 Weeks Time To Centre For Complying With Order Extending HRA Benefit To All Personnel Of Paramilitary Forces
1 year, 6 months ago

Delhi High Court Grants 7 Weeks Time To Centre For Complying With Order Extending HRA Benefit To All Personnel Of Paramilitary Forces

Live Law  

The Delhi High Court has granted seven weeks time to the Union Government for complying with a division bench judgment passed in December last year extending the benefit of House Rent Allowance to every personnel in the paramilitary forces, irrespective of the rank, as per their entitlement.Justice Jasmeet Singh passed the order in a plea seeking contempt action against the …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 7 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

Delhi High Court Weekly Round-Up: June 26 To July 02
1 year, 8 months ago

Delhi High Court Weekly Round-Up: June 26 To July 02

Live Law  

Citations 2023 LiveLaw 529 to 2023 LiveLaw 536NOMINAL INDEXDarpan Kohli Versus Assistant Commissioner Of Income Tax 2023 LiveLaw 529State v. Jeevak Nagpal 2023 LiveLaw 530SH.PRADEEP KUMAR v. STATE OF U.P and other connected matters 2023 LiveLaw 531MADHU BALA v. STATE 2023 LiveLaw 532Siddharth Mishra & Ors. Versus ACIT 2023 LiveLaw 534 South Delhi Municipal Corporation Versus B N Magon 2023 …

Practical Solution Needed At Earliest To Address Issue Of Frequent Vacancy In DRTs: Delhi High Court
1 year, 11 months ago

Practical Solution Needed At Earliest To Address Issue Of Frequent Vacancy In DRTs: Delhi High Court

Live Law  

The Delhi High Court has taken note of the issue of “frequent vacancy” arising in the national capital's Debt Recovery Tribunals, observing that the issue needs consideration and a practical solution has to be found at the earliest.A division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain noted that out of the three DRTs in Delhi, only two …

Delhi High Court Upholds Validity Of Provision Allowing Deduction In Pay For Payment Of Maintenance To Air Force Personnel's Wife, Children
2 years, 2 months ago

Delhi High Court Upholds Validity Of Provision Allowing Deduction In Pay For Payment Of Maintenance To Air Force Personnel's Wife, Children

Live Law  

The Delhi High Court has upheld the constitutional validity of Section 92 of the Air Force Act, 1950 which allows deduction from the pay and allowance of Air Force personnel for maintenance of the wife and their children.A division bench of Justice Sanjeev Sachdeva and Justice Rajnish Bhatnagar also upheld an office order issued by Air Force on February 6, …

Delhi High Court Weekly Round-Up: December 19 To December 25, 2022
2 years, 2 months ago

Delhi High Court Weekly Round-Up: December 19 To December 25, 2022

Live Law  

Citations NOMINAL INDEXINDIAN PILOTS GUILD & ANR v. DIRECTOR GENERAL OF CIVIL AVIATION & ANR 2022 LiveLaw 1192Umesh v. State 2022 LiveLaw 1193VIJAY AGRAWAL THROUGH PAROKAR v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw 1194PRAVEEN GARG v. THE HIGH COURT OF DELHI AND ORS. 2022 LiveLaw 1214 PCIT Versus Pawa Infrastructure Ltd. 2022 LiveLaw 1215 Testing Of Aviation Personnel For Psychoactive Substances …

Delhi High Court Weekly Round-Up: November 28 To December 4, 2022
2 years, 3 months ago

Delhi High Court Weekly Round-Up: November 28 To December 4, 2022

Live Law  

Citations NOMINAL INDEXRavinder Kumar Aggarwal versus Income Tax Officer 2022 LiveLaw 1125 PARLE PRODUCTS PRIVATE LIMITED vs BRITANNIA INDUSTRIES LTD 2022 LiveLaw 1126 RK vs State 2022 LiveLaw 1127 DELHI WAQF BOARD THROUGH ITS CHAIRMAN vs GOVERNMENT OF NCT OF DELHI AND ANR. Notice Under Section 148 Of Income Tax Act Against A Struck-Off Company Valid, In View Of Subsequent …

Delhi High Court Monthly Digest: October 2022 [Citations 926 - 1026]
2 years, 4 months ago

Delhi High Court Monthly Digest: October 2022 [Citations 926 - 1026]

Live Law  

Citations 2022 LiveLaw 926 TO 2022 LiveLaw 1026 NOMINAL INDEX Satyendra Kumar Jain v. ED 2022 LiveLaw 926 MICROMAX MEDIA PVT LTD v. M/S HEWLETT PACKARD INDIA SALES PVT LTD & ORS. Delhi Govt Yet To Constitute State Mental Health Authority Under 2017 Act, Existing Panel Cannot Continue: High Court Title: ABC v. GOVERNMENT OF NCT OF DELHI AND ORS …

Delhi High Court Quarterly Digest: July To September 2022 [Citations 599 To 925]
2 years, 5 months ago

Delhi High Court Quarterly Digest: July To September 2022 [Citations 599 To 925]

Live Law  

CITATIONS 2022 LiveLaw 599 TO 2022 LiveLaw 925 Nominal Index Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw 599 Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw 600 SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw 601 JOHNSON JACOB v. STATE 2022 LiveLaw 602 DHRUV TEWARI v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw 603 Gulati Enterprises versus …

Delhi High Court Weekly Round Up: September 19 To September 25, 2022
2 years, 5 months ago

Delhi High Court Weekly Round Up: September 19 To September 25, 2022

Live Law  

NOMINAL INDEXCitations 2022 LiveLaw 884 TO 2022 LiveLaw 905LOTUS PAY SOLUTIONS PVT LTD. & ANR. Burden Of Proof Lies On Accused When Last Seen Together With Deceased: Delhi High Court Title: GURDEEP SINGH v. STATE and other connected matter Citation: 2022 LiveLaw 889 The Delhi High Court has said that in a case where the accused is last seen together …

Delhi High Court Monthly Digest: August 2022 [Citations 728 - 822]
2 years, 6 months ago

Delhi High Court Monthly Digest: August 2022 [Citations 728 - 822]

Live Law  

NOMINAL INDEXCitations 2022 LiveLaw 728 TO 2022 LiveLaw 822NAMANPREET S DHILLON v. STATE 2022 LiveLaw 728HIMANSHU GOEL v. THE STATE AND ANR. Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC Case Title: SHRI B K PARCHURE v. STATE Citation: 2022 LiveLaw 811 The Delhi High …

Delhi High Court Weekly Round Up: August 8 To August 14, 2022
2 years, 7 months ago

Delhi High Court Weekly Round Up: August 8 To August 14, 2022

Live Law  

NOMINAL INDEXCitations 2022 LiveLaw 765 TO 2022 LiveLaw 781SARIKA@RADHA@LOVANYA T v. STATE OF NCT OF DELHI AND ANR 2022 LiveLaw 765DINESH KUMAR v. UNIVERSITY OF DELHI & ORS. Can't Withhold Refunds In Mechanical And Routine Manner: Delhi High Court Case Title: Trueblue India LLP Vs Deputy/Assistant Commissioner of Income Tax Circle Citation: 2022 LiveLaw 768 The Delhi High Court has …

Delhi High Court Weekly Round Up: August 1 To August 7, 2022
2 years, 7 months ago

Delhi High Court Weekly Round Up: August 1 To August 7, 2022

Live Law  

NOMINAL INDEXCitations 2022 LiveLaw 728 TO 2022 LiveLaw 764NAMANPREET S DHILLON v. STATE 2022 LiveLaw 728HIMANSHU GOEL v. THE STATE AND ANR. No Material Found On Search, Income Tax Additions Can't Be Made On Presumption: Delhi High Court Case Title: PCIT Versus Mamta Agarwal Citation: 2022 LiveLaw 740 The Delhi High Court bench of Justice Manmohan and Justice Manmeet Preetam …

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]
2 years, 8 months ago

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]

Live Law  

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment Case Title: RAKESH KUMAR v. VIJAYANTA ARYA AND ORS Citation: 2022 LiveLaw 1 In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by …

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 8 months ago

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court

Live Law  

The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. Justice Vibha Kankanwadi was dealing with a petition under Article 226 and 227 of the Constitution challenging order of the lower court dismissing the petitioner's maintenance application. The …

Delhi High Court Quarterly Digest: January To March 2022 [Citations: 1 - 265]
2 years, 9 months ago

Delhi High Court Quarterly Digest: January To March 2022 [Citations: 1 - 265]

Live Law  

CITATIONS 2022 LiveLaw 1 TO 2022 LiveLaw 265 Nominal Index RAKESH KUMAR v. VIJAYANTA ARYA AND ORS 2022 LiveLaw 1 xyz v. GNCTD 2022 LiveLaw 2 FUTURE RETAIL LTD. Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court Case Title: Bharat Aluminium Company Ltd. v. Union of India & …

Delhi High Court Weekly Round Up: May 23 To May 29, 2022
2 years, 9 months ago

Delhi High Court Weekly Round Up: May 23 To May 29, 2022

Live Law  

NOMINAL INDEX Citations 2022 LiveLaw 483 TO 2022 LiveLaw 512 Case Title: CIT Versus Microsoft Corporation 2022 LiveLaw 483 Case Title: Shri Sai Co-operative Thrift and Credit Society Ltd Versus ITO 2022 LiveLaw 484 Case Title: M/S SRI SHYAM INCORPORATION & ANR. Minimum 7 Days Time Has To Be Granted To The Taxpayer To File Reply To The Show Cause …

AO & PCIT Failed To Consider Balance Of Convenience And Irreparable Injury While Deciding The Stay Application: Delhi High Court
2 years, 10 months ago

AO & PCIT Failed To Consider Balance Of Convenience And Irreparable Injury While Deciding The Stay Application: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has held that neither the Assessing Officer nor the Principal Commissioners of Income Tax have considered the three basic principles, i.e., the prima facie case, balance of convenience, and irreparable injury, while deciding the stay application. The petitioner company/assessee filed an application for a stay of demand …

Delhi High Court Weekly Round Up: May 9 To May 15, 2022
2 years, 10 months ago

Delhi High Court Weekly Round Up: May 9 To May 15, 2022

Live Law  

NOMINAL INDEXCitations 2022 LiveLaw 425 TO 2022 LiveLaw 449Case Title: BELA CREATION PVT LTD v. ANUJ TEXTILES 2022 LiveLaw 425 Case Title: Amit Gupta Vs Directorate General of GST Intelligence Headquarters 2022 LiveLaw 426 Title: NIKITA CHANDEL v. STATE OF NCT OF DELHI and other connected matters 2022 LiveLaw 427 Title: GEETA SINGH v. PRADEEP SINGH 2022. Delhi High Court …

Delhi High Court Weekly Roundup: February 28 To March 6, 2022
3 years ago

Delhi High Court Weekly Roundup: February 28 To March 6, 2022

Live Law  

CITATIONS 2022 LiveLaw 151 TO 2022 LiveLaw 171 NOMINAL INDEX RAVNEET KAUR v. PRITHPAL SINGH DHINGRA 2022 LiveLaw 151 BHARATI SHIVAJI & ANR v. UNION OF INDIA & ANR. 58 Crores Within Six Weeks Case Title: Nokia India Private Limited Versus Assistant Commissioner Of Income Tax Citation: 2022 LiveLaw 155 A Bench of Delhi High Court, consisting of Justices Manmohan …

Delhi High Court Weekly Round-Up [2022 LiveLaw (Del) 134 TO 2022 LiveLaw (Del) 150]
3 years ago

Delhi High Court Weekly Round-Up [2022 LiveLaw (Del) 134 TO 2022 LiveLaw (Del) 150]

Live Law  

CITATIONS 2022 LiveLaw 134 TO 2022 LiveLaw 150 NOMINAL INDEX VINAY KHURANA v. SHWETA KHURANA 2022 LiveLaw 134 DR. SANJIV BANSAL v. DR. MANISH BANSAL 2022 LiveLaw 135 GOPALA KRISHNA MOOTHA v. THE STATE GOVT OF NCT OF DELHI & ANR 2022 LiveLaw 136 JOHRINA BEGUM v. SUKHBIR SINGH 2022 LiveLaw 137 SUMER SINGH SALMAN v. VIKRAM SINGH & ORS …

Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court
3 years, 2 months ago

Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court

Live Law  

Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the Allahabad High Court recently observed that nowadays, it is extremely difficult to conceive that a woman would be in a position to maintain her with the amount of Rs. The Bench of Justice Sanjay Kumar Singh further remarked that the amount …

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]
3 years, 2 months ago

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Live Law  

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites. Other Developments: Specify Details Of Website, Platform Where Info On Criminal History Of Citizens Is …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act
3 years, 9 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law  

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved …

Delhi High Court Resolves To Extend Existing Arrangement of Hearing Of Matters Till 16 Jan 2021
4 years, 4 months ago

Delhi High Court Resolves To Extend Existing Arrangement of Hearing Of Matters Till 16 Jan 2021

Live Law  

Full Court of the Delhi High Court has resolved, by circulation to extend the existing arrangement of hearing of matters till 16th January, 2021, in wake of the rising COVID-19 cases in the National Capital Territory of Delhi. The decision was taken by the Full Court which, by circulation, was to consider the further extension of the arrangement of hearing …

Delhi HC Modifies Format Of Assets, Income And Expenditure To Be Filed By Parties To A Matrimonial Litigation [Read Judgment]
4 years, 7 months ago

Delhi HC Modifies Format Of Assets, Income And Expenditure To Be Filed By Parties To A Matrimonial Litigation [Read Judgment]

Live Law  

The Delhi High Court on Thursday modified the format of assets, income and expenditure that has to be filed by both the parties, at the very threshold of matrimonial litigation. In pending maintenance cases, if the parties have not already filed the affidavit of their assets, income and expenditure, the Court shall direct the parties to file their affidavit. If …

Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court
4 years, 9 months ago

Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court

Live Law  

Family Courts throughout India have faced issues pertaining to grant of maintenance. However it was in 2015 when the Delhi High Court via its Judgement in Kusum Sharma Vs. Mahinder Kumar Sharma issued directions that affidavits shall be filed by the parties in a format of "Affidavit of assets, income and Expenditure", forming part of the judgement as Annexure 'A'. …

Assessment Of Interim Maintenance U/S 125 Of CrPC Only Requires Prima Facie Evaluation: Delhi HC [Read Judgment]
5 years, 8 months ago

Assessment Of Interim Maintenance U/S 125 Of CrPC Only Requires Prima Facie Evaluation: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that at the stage of assessment of interim maintenance under section 125 of the Criminal Procedure Code, the court has to only form a prima facie opinion. Hearing a Criminal Review Petition, Justice Sanjeev Sachdeva held that both the trial court and the appellate court erred in placing the burden of proof on the petitioner …

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]
5 years, 9 months ago

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]

Live Law  

The Delhi High Court on Friday dismissed a petition seeking to quash the Rules 22 and 22 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the parent Act of 2007 and the Constitution. The bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao noted that section 22 of the Act …

Maintenance Awarded To A Wife Is Not A Bounty: Delhi HC [Read Judgment]
5 years, 10 months ago

Maintenance Awarded To A Wife Is Not A Bounty: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held in Vikas Bhutani v. State & Anr that maintenance awarded to a wife is not a bounty and it is awarded to her for her survival. Counsel for the petitioner submitted before the present court that the Trial Court has erred in not appreciating that the respondent had already filed an application under Section 125 …

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