Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Murder by wife of mother of husband - Wife acquitted after trial - Merely because an appeal has been filed is not a ground to deny maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Wife alleged to be living in adultery - Impugned order granting interim maintenance set aside and matter remitted for ascertaining if there is material available on record to show that wife is prima facie living in adultery and thus disentitled to interim maintenance, and if not, assessing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Proceedings u/s 125 Cr.P.C are summary in nature - No intricate questions of law and fact can be finally disposed of - It is sufficient if wife establishes that parties have been residing together as husband and wife and there was cohabitation then wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties solemnized by way of Chunni ceremony - Marriage photographs and granthi of Gurudwara who recited holy ardaas was called in support of such marriage - Both parties started residing together since marriage - Wife held, entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Stray or single lapse on part of wife is not sufficient to bring her conduct within meaning of expression `living in adultery' as per S.125(4) Cr.P.C, as it should be a continuous course of adulterous conduct...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Cannot be denied merely on basis of bald allegation levelled by husband that she is living in adultery, until and unless allegation is substantiated by any cogent evidence by husband...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife's continuous adulterous conduct not proved by husband - One or two incidents would not establish that wife is living in adultery, particularly when such stray incident is not proved till date - No evidence on record that wife has sufficient source of income for her livelihood - Taking..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 18 of Act of 1956 - Wife cannot be non suited on the ground that she already availed remedy u/s 125 Cr.P.C. - Neither provision of S.125 Cr.P.C. nor provision of S.18 of Act of 1956 prohibit applicant from availing both the remedies under said provisions of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - In proving a marriage in a proceeding u/s 125 Cr.P.C, standard of proof need not be so high as required in a criminal prosecution for bigamy...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Validity of marriage - Wife failed to prove valid marriage between parties - She not examined her parents, elders, family members to prove solemnization of marriage - Witnesses examined by wife are interested witnesses and they have not spoken the truth before Court - Marriage between parties not..........
