Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceedings u/s 125 Cr.P.C, it is not necessary for Court to ascertain as to who was in wrong and minute details of matrimonial dispute between husband and wife need not be gone into...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Husband willfully neglected and refused to maintain his wife and minor son - Mere fact that husband has to look after his parents, he cannot be relieved of his obligations, as if a man is healthy and able bodied, he must be held to have means to support his wife and children - Maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Validity of marriage - Wife averred that marriage is not registered under a Kazi appointed under Kazis Act - Evidence of Kazi is irrelevant in the case, because it is an admitted fact that said marriage was not registered - Trial Court failed to assess evidence adduced by wife's side in its..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of marriage by husband - Husband claimed that wife is not his legally wedded wife and he has been married to one `S' and have two daughters - Wife however, stated that she was not aware that husband was already married but they lived for more than 10 years as husband and wife - Burden was on husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not necessary in proceeding u/s 125 Cr.P.C and even if marriage between parties is not solemnized by performing essential rituals but if the parties have lived over a long period of time as man and woman considering themselves husband and wife, the law would presume marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Parties lived together as husband and wife and a son was born in the year 2004 - Their association spanned over a period of 10 years and it was only after petitioner indicated his willingness to marry woman police constable differences between them had arisen - Petitioner left her in 2013 and she had gone..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An agreement entered into by a wife waiving or abandoning statutory right to claim maintenance from husband, is opposed to public policy and void and hence unenforceable and it does not preclude her from claiming maintenance u/s 125 Cr.P.C...........
