SEC 24 OF HINDU MARRIAGE ACT

*Compiled by Adv Mir Nagman Ali Bombay High Court Nagpur Bench 9028401027/8380069591*

*SOME IMPORTANT CITATIONS ON SEC 24 OF HINDU MARRIAGE ACT*

Richa Arya Vs. State of NCT of Delhi & Anr.2016 ALL MR (Cri) JOURNAL 233 

Protection of Women from Domestic Violence Act (2005), Ss.12, 18, 19, 20, 21, 22, 23 - Hindu Marriage Act (1955), S.24 - Interim measure - Refusal to grant on premise that petitioner being granted maintenance pendent lite under divorce proceedings - Held, relief u/S.12 of DV Act is in addition to any other relief - It is not necessary that relief under DV Act can only be sought for in proceeding under DV Act - Same may also be sought for in any legal proceeding even before a civil court and family court apart from criminal court - Therefore, rejection of claim, held, not proper. (Paras 

Amit Rasiklal Shah Vs. Sonal Amit Shah2011(1) ALL MR 765

 Hindu Marriage Act (1955), S.24 - Interim maintenance - Husband producing income-tax returns - Computation of taxable income must be seen in its entirety and only net income cannot be considered. (Paras 

Smt. Vrinda Bharat Mhapsekar Vs. Shri Bharat Prabhakar Mhapsekar2013(2) ALL MR 271 

Hindu Marriage Act (1955), S.24 - Application for enhancement of maintenance - Change of circumstances viz. promotion in service - Fit case for enhancement of maintenance. (Paras 

Sau. Vanita Pravin Gaikwad Vs. Shri. Pravin Pundlik Gaikwad2010 ALL MR (Supp.) 445 

Hindu Marriage Act (1955), Ss.13, 24 - Civil P.C. (1908), O.8, R.1 - Divorce petition - Grant of litigation expenses - Application filed under S.24 by wife for grant of litigation expenses - Wife cannot be compelled to file a written statement unless an order is passed in favour of the wife directing the petitioner husband to pay litigation expenses - Wife is expected to file written statement only after the amount is paid to her.(Para 

Ritula Singh Vs. Lt. Col. Rajeshwar Singh2010(3) ALL MR 828 

Hindu Marriage Act (1955), S.24 - Maintenance to wife - Interim maintenance - Wife having income sufficient to maintain herself - Merely because the husband starts earning additional amount, she cannot be taken not to have income sufficient to maintain herself ipso facto. (Para 

Arvind Chenji Vs. Krishnaveni2010(1) ALL MR (JOURNAL) 33 

 Hindu Marriage Act (1955), S.24 - Interim maintenance - Grant of, in favour of children, not permissible - Section 24 confers right upon spouses alone, to claim maintenance - Children alone, excluded - Lower Court order granting interim maintenance to two minor children also, held, bad. (Para 

8. It needs to be mentioned that the EP filed by the respondent was under Rule 11 of Order 21, read with Rule 141 of the Civil Rules of Practice. A specific prayer was made for attachment of some items of movable property. Whenever a decree-holder wants the judgment-debtor to be arrested, an application under Rule 37 of Order 21, CPC has to be made. Detailed procedure is prescribed to deal with applications, filed under that provision. The scope of enquiry would be, as to the means, possessed by the judgment-debtor, and his disinclination to pay the decretal amount. Even assuming that the EP filed by the respondent herein can be treated as under Order 21, Rule 37, the Family Court did not bestow its attention to the prescribed procedure. Therefore, the direction issued by the Executing Court, for arrest of the petitioner, is not sustainable in law.

 Smt. Manju Kamal Mehra Vs. Mr. Kamal Pushkar Mehra2009(5) ALL MR 798

 Hindu Marriage Act (1955), Ss.9, 24 - Hindu Adoption and Maintenance Act (1956), S.18 - Grant of maintenance to wife - Challenge to - Decree of restitution of conjugal rights against wife - Held, when the husband has succeeded in obtaining a decree of restitution of conjugal rights against the wife, it is implied that wife was required to join the company of the husband at her matrimonial home and therefore, there is no question of maintenance at least from the date of the said order - Order to that extent is required to be set aside - However, Court refused to interfere in the maintenance granted to daughter. 

Smt. Snehal W/O. Sanjay Bapat Vs. Shri. Sanjay S/O. Madhusudan Bapat2009(4) ALL MR 39 

Hindu Marriage Act (1955), S.24 - Interim maintenance - Enhancement of - Held, interim maintenance is an order which is meant for providing subsistence during the pendency of proceedings - In these circumstances, enhancement or the reduction in the interim maintenance can be sought by an application, if there is change of circumstances or extra-ordinary long delay in disposal of matter, even though there is no express statutory provision to pass such order. (Para 

Akella Rama Murthy S/O A. Thimmaya Shastry Vs. Akella Sitalaxmi W/O A. Rama Murthy2006(3) ALL MR (JOURNAL) 31 

Hindu Marriage Act (1955), S.24 - Maintenance - Claim for children - Right to claim maintenance is conferred only on husband or wife - It is impermissible to grant maintenance to children of the parties - Their remedy is under S.125 of Cr.P.C. and Hindu Adoptions and Maintenance Act. (Para 

Smt. Pampa Das Vs.Sanjib Das2005(4) ALL MR (JOURNAL) 65 

Hindu Marriage Act (1955), S.24 - Maintenance pendente lite - Application for - Conduct of applicant is immaterial - It is not open to Court to pre-judge the issues and to hold that as the applicant is guilty of matrimonial offences applicant is not entitled to alimony pendent lite and expenses of proceedings.

 Mrs. Rajashree Alias Vanita Rajesh Dixit Vs. Shri. Rajesh Nagesh Dixit2005(4) ALL MR 63

 Hindu Marriage Act (1955), S.24 - Criminal P.C. (1973), S.127 - Civil P.C. (1908), O.47, R.1(1) - Grant of maintenance - Alteration of interim maintenance amount - Provisions of S.24 of Hindu Marriage Act, cannot be given restricted meaning - If in a given case, an application is made for alteration of the interim maintenance amount already granted, such an application will have to be entertained as an application for review under order 47 of R.1(1) of Civil P.C. or in the alternative an application u/s. 127 of Criminal P.C.

Sanjay S/O Pundlikrao Niranjane Vs. Swati W/O Sanjay Niranjane2005 ALL MR (Cri) 2377

 Criminal P.C. (1973), S.125 - Hindu Marriage Act (1955), S.24 - Maintenance - Grant of - Claim of maintenance by wife u/s.125 of Criminal P.C. - Husband already paying higher amount of maintenance in compliance with the order passed under S.24 of Hindu Marriage Act - Wife not entitled to claim maintenance under S.125 of Criminal P.C. in view of the order passed u/s.24 of Hindu Marriage Act. 2000 ALL MR (Cri) 372 – Followed

 Vanmala W/O Maroti Hatkar Vs. Maroti Sambhaji Hatkar1999(2) ALL MR 504

 

Hindu Marriage Act (1955), S.24 - Order granting interim alimony and expenses of litigation to wife - Petitioner husband refusing to pay - Wife need not be driven to file execution proceedings - Court can in exercise of inherent powers stay proceedings for divorce for non-compliance with its order.

Mr. Krishnakant Mulashankar Vyas Vs. Mrs. Reena Krishna Vyas And Anr1999(2) ALL MR 103

Hindu Marriage Act (1955), Ss.5(1), 11 and 24 - Hindu Adoption and Maintenance Act (1956), S.18 - Second marriage while first marriage is subsisting - Marriage is void under S.11 read with S.5(1) - Second wife however is not disentitled from claiming maintenance pendente lite under S.24 - She is also not disentitled from claiming interim maintenance under S.18 of 1956 Act.

Muslim Wills: Important Points on Wills & Islamic Laws

*Muslim Wills: Important Points on Wills & Islamic Laws*

   

The law on Muslim wills is different from the law governing wills made by Hindus or those made under Indian Succession Act, 1925. This is because, under Muslim Law, testamentary disposition of property is considered to be divine in nature and draws on the Quran.

The Muslim will is not governed by the Indian Succession Act, 1925. The Muslim personal laws in India, or the Shariat law, decrees certain rules and regulations and ways in which an individual can dispose off his/her property. To explain this further, let us understand some of the essential points of Muslim Law and how a Muslim will can be made in adherence to the rules set by the law.

⭐ *Who Can Make a Will?*

Any person, who is 18 years of age or above, and is of sound mind, is eligible to make their will, according to Shariat law.

⭐ *How can you make your will?*

The Muslim will can be made either orally or with the use of pen and paper. There are no specific instructions as to how or what to write in a will. However, one needs to remember that the instructions left in the document should be clear and concise, and legible, to ensure it is followed after their death.

*⭐Muslim Will: The fractions involved*

According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.

For example, if an individual has Rs. 3.3 lakh (or an asset worth the amount), and he owes someone Rs. 10,000/. With the funeral expenses added to it, say, Rs. 20,000, he can only leave the one third of 3 lakh (Rs. 1 lakh) in his will to someone other than his heir. The remaining Rs. 2 lakh must go to his heirs.

*⭐Muslim Will: Heirs*

Now, this is in case the person has more than one heir, and would like to leave an asset or property to just one of them. Although he can make a will asserting the fact that heir 1 will receive the asset, it will not be valid unless, after his death, heir 2 is willing to sign over the rights to heir 1.

However, one can always leave the one-third of their asset to anyone (and even heir 1), since it is acceptable, and does not require anybody’s consent.

*⭐Leaving properties to an unborn child*

Muslim law does not allow a property to be bequeathed to an unborn child. However, in case the mother is pregnant with the child, and is born within six months of the death of the person making the will, the child has all rights to inherit it.

*⭐Bequeathing conditions*

Other considerations that are induced by the Muslim Law include:

a.A person can bequeath a property, even if he does not possess it at the time of writing the will, but has it in his possession at the time of death. (If not, of course, the will becomes null and void).

b.An individual cannot lay any conditions or requests on the bequeaths. The bequests have to be unconditional.

c.However, one can make an alternative bequest, stating that in case a person (the heir) is not alive, another heir (heir-2) will get his assets.

⭐ *Cancellation of a Muslim will*

Muslim law decrees that a person can cancel the will at his convenience without giving any reasons, anytime before his death.

⭐ *Which will is valid?*

Another way of cancelling the will is to bequeath the property to someone other than the heir who was mentioned in the first will. The last will that an individual makes becomes his final will, and will be taken into account at the time of death.

⭐ *Execution of an Islamic will*

At the time of making the will, an individual needs to pick the persons who might execute his will. The request is taken into account at the time of disposal of assets. The person picked as an executor of the will has the right to dispose off the assets as specified in the will.

DIFFERENCE TYPES OF EVIDENCES*

*DIFFERENCE TYPES OF EVIDENCES*
There are different types of evidences under the Indian Evidence Act, 1872. These are mentioned below-
1) Oral Evidence
2) Documentary Evidence
3) Primary Evidence
4) Secondary Evidence
5) Real Evidence
6) Hearsay Evidence
7) Judicial Evidence
8) Non- Judicial Evidence
9) Direct Evidence
10) Indirect Evidence or Circumstantial Evidence

*These are elaborated below-Quashing of FIR guidelines*

*1) Oral Evidence*–  Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences.
Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue.

*2) Documentary Evidences* –  are defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidences.

*3) Primary Evidence*– Section 62 of the Indian Evidence Act defines Primary Evidence. Primary evidences are the most superior class of evidences. These are those evidences which are expected by the law and admissible and permissible at the first place. These are those evidences which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.

*4) Secondary Evidences* – are defined under section 63 of the Act. These are those evidences which are entertained by the court in the absence of the Primary evidences. Therefore it is known as secondary evidences.

*5) Real Evidences* – Real evidences are those evidences which are real or material evidences.  Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving an information by a witness or a document.

*6) Hearsay Evidences* –  Hearsay evidences are the ones which the witness has neither personally seen nor heard, nor has he percieved through his senses, but are those which have come to his knowledge through some other person. These are the most weak category of evidences.

*7) Judicial Evidence* – Judicial evidences are those which are given before the magistrate in the court. For example-  a confession made by the accused before the magistrate in the court is an Judicial Evidence.

*8) Non- Judicial Evidence* –  Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person are termed as Non- Judicial evidences.

*9) Direct Evidence* –  Direct evidences are those evidences which establishes a fact. The best example of a direct evidence would be statement or confessions made by the witnesses.

*10) Indirect or Circumstantial Evidence* –  Circumstantial or indirect evidence are the ones which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences are not definite proof. they only provide a general idea as to what occured at the  crime scene.

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In A First An Indian Court Upholds The ‘Right To Be Forgotten’

In A First An Indian Court Upholds The ‘Right To Be Forgotten’ [Read Order]

Read more at: http://www.livelaw.in/first-indian-court-upholds-right-forgotten-read-order/

Conciliation Procedings  1What is conciliation?

Conciliation Procedings

1What is conciliation?

Ans.

Participation by a third party in a industrial dispute between management and its employees in order to bring them together to resolve their differences is termed mediation or conciliation.

 

2Which are the authorities competent for holding conciliation?

Ans.

Section 4 of Industrial Disputes Act 1947 empowers the appropriate government to appoint such number of persons as may be deemed necessary by notification in the official gazette as conciliation officers, for discharging the responsibility of mediating in and promoting the settlement of industrial disputes. All Labour officers, Asst. Labour Commissioner including Dy. Labour Commissioner, Labour appointed conciliation officers. Government of N.C.T. of Delhi for administrative and public convenience has divided entire territory into 9 districts i.e. East, North-East, South-West, West, South, North, North-West, Central & New Delhi.

 

3.What are the functions of conciliation officers?

Ans.

Section 12 of I.D. Act 1947 provides duties of conciliation officers. A conciliation officer is required to investigate without delay the industrial disputes and make efforts to settlement thereof and for the purpose of bringing about a settlement of the dispute he may do all such things as he deems fit for the purpose of bringing parties to come to a fair and amicable settlement of the disputes.

 

4.Can conciliation officer bind the parties?

Ans.

No. A conciliation officer has no authority or power to force the parties to agree to his suggestions. He merely offers his services through his good offices to find an amicable solution and will meet the needs of the two parties. He may suggest answer to the problem.

 

5.Whether conciliation is mandatory or discretionary?

Ans.

In case of public utility services where a notice under section 22 of the I D Act, 1947 has been received, the conciliation officer must necessarily hold immediate conciliation proceedings for prompt settlement of the disputes. He has discretion in respect of non public utility services.

6.When CO should intervene in industrial disputes?

Ans.

Intervention must not be either premature or too late. Time for intervention may be chosen by the conciliation officer with due care.

 

7.When is conciliation proceeding commenced?

Ans.

Conciliation proceedings in public utility services are deemed to have commenced on the date when the conciliation officer receives the notice of strike or lock-out u/s 122 of I.D. Act 1947 and in such cases he has to act with great speed in order to complete the proceedings within 14 days time. In case of non public utility services, the conciliation officer has to give formal intimation in writing to the parties declaring his intention to commence conciliation proceedings with effect from such date as he may specify.

 

8.When are conciliation proceedings deemed to have concluded?

Ans.

The conciliation proceedings are concluded in the following manner.

1.

Where conciliation ended in settlement - the date on which settlement is signed by the parties to the disputes or

2.

Where conciliation ended in failure, the date on which the failure report of conciliation officer is received by the appropriate Govt.

3.

When a reference is made to a Labour Court / Industrial Tribunal during the pendancy of conciliation proceedings.

 

9.Whether parties are required to be informed about the failure of conciliation?

Ans.

Yes, copies of failure report under Section 12 (A) of I.D. Act 1947 are required to be sent to the parties to the dispute.

 

10.Whether conciliation officer can arrive at ex-parte conclusion of proceedings?

Ans.

Yes, If the party raising the dispute fails to turn-up without reasonable cause, the case may be closed under intimation to it. If the opposite party fails to turn-up, inspite of having been given reasonable no. of opportunities, an adverse inference may be drawn and the case be proceeded with on ex-parte basis.

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