Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband availed certain leaves as such certain deductions were from his monthly income - However, such deductions cannot become a part of the baseline in computing maintenance as, in all likelihood, the same will fluctuate over time, owing to very many reasons...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Relationship between husband and wife is not disputed - Nothing on record to show that wife has deserted matrimonial home of her own will - Wife has no independent source of income - Husband being able bodied person cannot escape responsibility of providing maintenance to his estranged wife - Family Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband intentionally did not produce his three years bank account statement showing his financial status - It is thus, presumed that he was having a good financial status - Even, considering husband as an unskilled labourer, his earning is more than Rs.12,000/- p.m - Moreover, husband is an able bodied..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is employed as JBT teacher and getting a handsome salary of Rs.60,000 pm - He is an able bodied man - Order granting interim maintenance of Rs.10,000/- to wife is proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........