Maintenance In Partition Suit................
- Basically provisions in respect of maintenance are in Criminal Procedure Code , The Adoption & Maintenance Act 1956 , The Protection of Women From Domestic Violence Act 200 , The Maintenance & Welfare Of Parents & Senior Citizens Act 2007 ...Etc.
- Till today nowhere exact provision in any Law to grant maintenance in partition suit .
- But in partition suit Court may grant maintenance to a party who not having any independent source livelihood and not having in possession of joint family property.
- In partition suit liability is two fold manner one from existence of relationship and other from on the basis of possession of joint family property.
- In partition suit Court may grant interim maintenance to a party to suit who fulfill above conditions. In partition suit all plaintiff are defendant also all defendant are plaintiff so a party means plaintiff or defendant who fulfill above condition can claim maintenance in partition suit.
- In execution of partition decree party to application may claim maintenance till he gate actual possession of his share because execution is a continuation of a suit and as per S.141 of C.P.C. provision of suit applies to miscellaneous proceeding also.
- In partition suit the court may grant maintenance under S. 151 of C.P.C. in interest of Justice and Equity
- No miscellaneous or regular appea lies against above maintenance order.
....... Relevant Provision.......
- -S. 141 and 151 of Civil Procedure Code 1908.
- - - - - - Relevant Judgement - - - - - - - - -
- Sushilabai v/s Ramcharan 1976 Mh.L.J.82.
- Sandeep Ramesh More and Others v/s Narayan Deoba More and Others 2006 (4) Mh.L.J.486.
- Ramaji Damala Jadhav v/s Smt. Sangita Garjana Jadhav { Nagpur Bench W.P.no.7040/2016} decided on 14-03-2019.
- Gangaram Genu Shinde v/s Varsha Vikram Shinde { Bombay Bench W.P.no.2378/2020} decided on 11-03-2020.
....... Please Comment & give Suggestions for better development in my next BLOG...........
No comments:
Post a Comment