Maintenance Effect On Divorce - Law Dictionary Search Results
Home Dictionary Name: maintenance effect on divorceMaintenance-effect on divorce
Maintenance-effect on divorce, if there is no specific provision to the contrary, nothing that there is in the Code of Criminal Procedure will affect any special provision in force, or in other words there being nothing to the contrary the provisions of s. 188 of the Code of Criminal Procedure will have no effect on s. 44 of Divorce Act, James Fredrick Rowland v. M/s. Raynah Rowland Nee Glover, AIR 1959 Cal 703....
Judicial separation
Judicial separation, granted either to husband or wife on the ground of adultery, cruelty, rape, sodomy, bestiality, non-compliance with a decree for restitution of conjugal rights, or desertion without cause for two years and upwards [(English) Judicature Act, 1925, s. 185]; also by justices, under the Married Women (Maintenance) Acts, 1895 to 1925, to the wife, on the conviction of the husband of aggravated assault, or on the ground of persistent cruelty, forcing her to live apart from him, or on the ground of his being an habitual drunkard [(English) Licensing Act, 1902,s. 5]; and relief can also be obtained by a husband where the wife is an habitual drunkard (ibid.). Under Maintenance Acts the husband can be ordered to make weekly payments to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1 KB 688. See also Sum...
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 ...
legal separation
legal separation : a separation of spouses which does not involve a dissolution of the marriage but in which certain arrangements (as for maintenance and custody) are ordered by the court called also divorce a mensa et thoro judicial separation separation from bed and board ...
spousal support or maintenance
spousal support or maintenance Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called alimony. ...
annul
annul an·nulled an·nul·ling 1 : to declare (a marriage) to have never validly existed compare divorce 2 a : to make legally void b : to declare to no longer have legal effect ...
Divorcer
The person or cause that produces or effects a divorce...
Mahr (dower)
Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...
Adultery
Adultery [ad. Lat., and alter, another person], anciently termed Advowtry (quasi ad alterius thorum). The sin of incontinence between two married persons, or it may be where only one of them is married, in which case it may be called single adultery to distinguish it from the other, which has sometimes been called double.By the (English) Matrimonial Causes Act, 1857, which created a Court for Divorce and Matrimonial Causes (superseding the Ecclesiastical Court) which would grant to the innocent party a divorce a mensa et thoro on the ground of the other's adultery, a husband could obtain a dissolution of his marriage (before that Act, only obtainable and not infrequently obtained by a private Act of Parliament) upon the ground of his wife's adultery, and a wife could obtain a judicial separation on the ground of her husband's adultery, or a dissolution of marriage on the ground of his adultery coupled with cruelty or desertion or bigamy, or of his incestuous adultery, provided there be...
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