Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified person and his annual package of salary is Rs.8.5 lakhs - Father of husband was a government contractor - Husband paying EMI of Rs.25,964 p.m and also Rs.10,000 as rent, his income cannot be less than Rs.50,000 p.m in any manner - Wife held, entitled to maintenance @ Rs.10,000 p.m..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Unemployed husband who met with an accident resulting in amputation of his right leg, not in a position to earn his livelihood, is not liable to pay maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compensation awarded to husband on account of disability suffered in a motor accident - S.125 Cr.P.C cannot be construed to mean that it casts an obligation on person to pay maintenance to his wife and children out of compensation awarded to husband for disability suffered in a motor accident...........
Criminal Procedure Code, 1973, Section 125(4), (5) -- Maintenance to wife and children - Husband looking after wife and children till he met with an accident which resulted in amputation of his right leg - Wife and children refused to live with him only after he was hospitalized, without sufficient reasons - No material on record that husband neglected to maintain and look..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is working as Constable in RPF and getting monthly salary between 30,000 to 35000 p.m - It is thus, proper to fix Rs.8000 as monthly maintenance to wife payable by husband - However, maintenance of Rs.2000 to minor daughter which is already fixed by SDJM held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband himself admitted in his cross-examination that he is residing with another lady since two years - This itself shows that there is sufficient reason for wife to reside separately from her husband - Wife is, entitled to maintenance - Husband directed to pay maintenance of Rs.3000/- pm to wife from..........
Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Jurisdiction - S.126(1) does not contemplate a permanent place of residence - Wife is entitled to maintain petition both at the place where husband is residing as also at the place where she is residing - Even a place where wife is for the time being residing would confer jurisdiction on such Court...........
