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 @..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a house wife and has no independent source of income and having no moveable or immovable property in her name - She is solely dependent on husband - Family Court assessed the income of husband @ Rs.30,000/- p.m - Maintenance @ Rs.10,000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties and both of them have one child each from their earlier marriage - Nothing on record that wife has left matrimonial home with her own will and has any independent source of income - Husband had solemnized the marriage with wife with open eyes - Husband is owner in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compelling husband to file his salary slip in maintenance proceedings - Cannot be termed as violation of his privacy where financial status of parties is one of relevant consideration for adjudicating the lis - Court to draw adverse inference on failure of husband to file his salary slip...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compelling husband to file his salary slip in maintenance proceedings - Husband is not an accused - Protection granted u/art 20(3) of Constitution does not apply to husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had a monthly income of Rs.60,000 as per Family Court - He thus, had wherewithal to pay maintenance to wife - Family Court rightly awarded Rs.20,000 pm as interim maintenance from the date of filing of application...........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife is residing with her parents and has no source of income - Award of maintenance thus, cannot be denied to wife - However, since Court below has not dealt the issue regarding source of income of husband as such case remanded back and Court below to pass a fresh order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence of husband struck off and it became final as husband never challenged said order - Maintenance granted to wife in view of income of husband is reasonable and suffers from no illegality - Maintenance rightly granted to wife...........
