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1 - 10 of 10 (0.19 seconds)The Indian Penal Code, 1860
Jayant Bhargava vs Priya Bhargava on 1 April, 2011
41 In Jayant Bhargava V. Priya Bhargava, 181 (2011) DLT 602, this court
laid down the factors to be taken into consideration for ascertaining the income of the
spouse. The relevant portion of judgment is reproduced hereunder:
"12. It is settled position of law that a wife is entitled to live in a similar
status as was enjoyed by her in her matrimonial home. It is the duty of
the courts to ensure that it should not be a case that one spouse lives in
a life of comfort and luxury while the other spouse lives a life of
deprivation, poverty. During the pendency of divorce proceedings the
parties should be able to maintain themselves and should be
sufficiently entitled to the represented in judicial proceedings. It in case
the party is unable to do so on account of insufficient income, the other
spouse shall be liable to pay the same.
Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors on 27 August, 1997
15. The Supreme Court of India in the case of Jasbir Kaur (Smt)
(supra), has also recognized the fact that spouses n the proceedings for
maintenance do not truthfully disclose their true income and therefor
some guess work on the part of the Court is permissible. Further the
Supreme Court has also observed that "considering the diverse claim
made by the parties one inflating the income and the other suppressing
an element of conjecture and guess work does enter for arriving at the
income of the husband. It cannot be done by any mathematical
precision".
Venkat Subba Shrinivas Hegde vs Subba Rama Hedge on 24 January, 1928
13. A Single judge of this Court in the case of Bharat Hegde v. Saroj
Hedge, reported at 140 (2007) DLT 16 has culled out 11 factors, which
can be taken into consideration for deciding the application under
Section 24 of Hindu Marriage Act.
Section 125 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 24 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Puneet Kaur vs Inderjit Singh Sawhney on 12 September, 2011
In the detailed affidavit directed to be filed by the parties following the
guidelines of Hon'ble High Court in Puneet Kaur Vs. Inderjeet Singh Sawhney, the
petitioner/applicant has disclosed her educational qualification as only 12th passed, that
too from National Institute of Open Schooling in the year 2004. She has parents and an
unmarried sister. She has claimed herself to be not in any job. She has only one fixed
deposit of Rs.1 lac and no other kind of asset i.e. movable or immovable property.
However, she states to be having her bank account with Allahabad Bank being a saving
account.
The Protection of Women from Domestic Violence Act, 2005
Sh. Bharat Hegde vs Smt. Saroj Hegde on 24 April, 2007
In Bharat Hegde v. Saroj Hegde, 140 (2007) DLT 16, this court laid down the
following principles for fixing the maintenance under Section 24 of the Hindu
marriage Act:
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