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Maintenance - Law Dictionary Search Results

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Maintenance

Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...


alimony

alimony [Latin alimonia sustenance, from alere to nourish] 1 : an allowance made to one spouse by the other for support pending or after legal separation or divorce compare child support alimony in gross : lump sum alimony in this entry alimony pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : alimony granted pending a suit for divorce or separation that includes a reasonable allowance for the prosecution of the suit called also temporary alimony lump sum alimony : alimony awarded after divorce that is a specific vested amount not subject to change called also alimony in gross per·ma·nent alimony : alimony awarded after divorce which consists of payments at regular intervals that may change in amount or terminate (as upon the payee's remarriage) tem·po·rary alimony : alimony pendente lite in this entry 2 : means of living, support, or maintenance [fathers and mothers owe to their illegitimate children ...


Alimony

Alimony [fr. alimonia. Lat.], the allowance made to a wife out of her husband's estate for her support, either during a matrimonial suit or at its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established. But she is not entitled to it if she elope with an adulterer, or wilfully leave her husband without any just cause for so doing.It is of two kinds: (a) In causes between husband and wife. The husband is obliged to allow his wife alimony during the suit, and this whether the suit be commenced by or against him, and whatever its nature may be. It is usually such a sum as will provide the wife with one-fifth of the joint incomes, and will be reduced according to fluctuations of income. The wife may apply for an increase of his means have improved. (b) Permanent alimony, which is allotted to a wife after final decree. Alimony is within the exclusive jurisdiction of the Probate and Divorce Division. The Court may direct its payment ...


maintenance

maintenance 1 a : the act of providing basic and necessary support b : the state of having such support 2 : a financial means of providing necessary assistance: as a : alimony b : support 3 : the necessities of life provided for by payment of maintenance 4 : the upkeep of property or equipment 5 : unsought and unnecessary meddling in a lawsuit by assisting either party with means to carry it on compare champerty ...


separate maintenance

separate maintenance : maintenance paid (as by court order) from one spouse to another during separation [entitlement to separate maintenance does not extend to the division of marital assets "Kennedy v. Kennedy, 662 So. 2d 179 (1995)"] ...


Maintenance of public order

Maintenance of public order, By the expression 'maintenance of public order' what is intended is the prevention of grave public disorder. It is not the same as maintenance of law and order. Main-tenance of law and order means the prevention of disorders of comparatively lesser gravity and of local significance, B. Sundara Rao v. State of Orissa, AIR 1972 SC 739 (742): (1972) 3 SCC 11. [Orissa Preventive Detention Act (4 of 1970), s. 3 (1)]...


Obtain maintenance from

Obtain maintenance from, the word 'obtain' as used in the proviso is also, in court opinion, significant. It does not merely mean that the widow is somehow managing to live with or is being maintained by her father or mother or that her father or mother are somehow managing to save their widowed daughter from starvation, for if this were to be the meaning placed on the word 'obtain', then, apparently, the basic and main purpose and object of the Hindu Adoptions and Maintenance Act would be thwarted rather than advanced, Jal Kaur v. Pala Singh, AIR 1961 Punj 391 (395). (Hindu Adoptions and Maintenance Act, 1956, s. 19 Proviso)...


Pendente lite, Alimony

Pendente lite, Alimony. See ALIMONY....


Operation and maintenance of a railway

Operation and maintenance of a railway, before any one can be charged with the offence u/s. 3 of the Railway Stores (Unlawful Possession) Act, 1955, it must be shown that he was in possession of railway stores which by the definition of s. does not include all articles which are the property of a railway administration but only those which are used or intended to be used in the construction, operation or maintenance of a railway, Kashmiri Lal v. State of Uttar Pradesh, AIR 1970 SC 1868: (1970) 2 SCR 187: (1969) 2 SCC 706....


Cap of maintenance

Cap of maintenance, one of the regalia or ornaments of State belonging to the sovereigns of England, before whom it is carried at the coronation and other great solemnities. Caps of maintenance are also carried before the mayors of several cities in England....


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