Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified and working in a private company is not in dispute - No evidence on record that wife has ample means to maintain herself - Though wife is educated but no evidence on record that she was having an employment - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife pleaded in application that she is wife of respondent - Husband did not controvert said evidence of wife but admitted the same during examination as RW1 - Evidence on record is sufficient to conclude that parties thereto were related as husband and wife by a marriage solemnized..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence struck off for non-payment of maintenance - Husband paid full outstanding maintenance amount to wife - Direction therefore, given to Family Court, in case husband has paid all outstanding amount of maintenance allowance, direction of striking out defence of husband shall not be given effect to and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband pleaded that he had undergone vasectomy operation in 2005 and wife got pregnant in 2007, thus a presumption needs to be drawn against wife as to allegation of adultery - Plea rejected, as documents in support of the same produced by husband, but author of said documents not examined -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife obtained divorce from her previous husband in customary manner - When second husband/respondent married applicant knowing fully well that her earlier marriage had not ended in a valid divorce, then respondent is estopped from raising a plea u/s 125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a government servant and is getting salary of Rs.40,186 after necessary deductions - Taking into account the fact of rise in inflation, rise of cost of living and also taking into account that girl child was born in the year 2004 and as of now is about 16 years of age and also..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of - Wife living separately from her husband over a long period of time - She could not produce any plausible evidence to establish her claim that her husband was responsible for termination of their relationship - Facts and circumstances showing that husband made efforts to bring back wife which..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having no independent source of income - Allegation of adultery made against wife by husband had no foundation - Materials on record shows that wife has made allegations of harassment, torture and demand of dowry and she filed a criminal case against husband - Maintenance to wife @ Rs.3000 each for..........
