Showing : 1-10 of 98 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
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 live-i, partner would be entitled to more..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Law presumes in favour of marriage and against concubinage when a man and woman cohabit continuously for a number of years...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Strict standard of proof not necessary in proceedings u/s 125 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Merely because trial Court has not given a finding that wife is not able to look after herself, that does not mean that she is not entitled for maintenance - High Court is required to look into the question whether wife is entitled to maintenance or not and if so the quantum..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Judicially separated wife - She is entitled to maintenance - If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Wife working as Anganwadi worker - Actual earning of wife is paltry and she would require full maintenance in order to enjoy reasonable comforts as well as bring up her child - Order granting maintenance of Rs.1500/- to wife and Rs.500/- to the minor son, restored...........

Showing : 1-10 of 98 Results