Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - To grant maintenance, Court has to consider the status of couple - Even a divorced wife is entitled to live to the status of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced wife entitled to get maintenance from her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced wife - Husband got married after getting divorce from wife and he is having a daughter from said wedlock - He is unable to provide maintenance to wife - It is not the case of husband that wife got remarried - Keeping in view the income of husband and status of couple, Family Court rightly granted Rs.4000..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband that marriage is not legally valid - Allegation against wife that she married twice and she has not obtained divorce from her earlier husbands not proved, as no evidence adduced by husband to substantiate the same - Husband also contended that respondent no.2 is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband regarding his income - However, Court below has ordered maintenance @ Rs.10,000 and Rs.5000 p.m respectively to wife and child - Notional income of petitioner was not calculated - Maintenance to wife reduced from Rs.10,000 to Rs.8000 - Rest of order stands..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rejection of divorce petition and acquittal of accused/husband in criminal case have no significant bearing on fate of application for maintenance, as legal obligation of husband to maintain his wife has no correlation with his exoneration in proceedings u/ss 498-A and 406 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - One photograph was filed by husband proving that wife is living in adultery with one person - However, said photograph was not proved on record - Even if it is presumed that said photograph is proved, then also it does not prove that wife is living in adultery - Ground of adultery held, not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - `A person having sufficient means' means a person who has capacity to earn - When actual income could not be proved by wife, average income of husband is to be assessed...........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
