Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband an able bodied person and he manipulated his salary slips - There is family business which was run by husband and his father - However, said business being run by husband was denied by him - More so, it is established from the fact that during compromise husband and his father had agreed to..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 3, 20 -- Maintenance - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act as victim i.e. estranged wife or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Application for summoning certain documents regarding income of husband - Documents in question required for accurate assessment of financial status of husband - Application for summoning of documents allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof - Strict proof of marriage not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case evidence of wife, birth certificate of children,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - It is open for Magistrate to award sentence up to maximum one month for each month's default made by person ordered to pay maintenance - Even Magistrate can entertain separate applications or even entertain a common application for several months of default and pass..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed imprisonment for 12 months in lieu of maximum 12 defaults - However, same is outer limit and lesser imprisonment can be imposed - Such imprisonment will be followed until payment is made - Sentence thus, reduced to 6 months (15 days imprisonment of each..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Claim sought by father that he is thrown out of his service and that too his new wife was unemployed and working on her own, does not cuts much ice - Considering qualification of father, his emoluments at the time of pendency, rightly awarded maintenance way back in 2015 and which as on date is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition precedent for awarding any relief under the said provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........
