Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband is getting monthly salary of Rs.50,000 and he is owing 11 houses and getting Rs.90,000 as rent - He has not specifically disputed factum of owing houses and leasing out the same to third parties - Considering the economic status of parties, fixation of monthly maintenance at Rs.10,000 each..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance order by Family Court - Appeal thereagainst does not lie - Such order is amenable to Criminal Revision in High Court u/s 19(4) of Family Courts Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - Power to permit amendment being purely procedural in nature, Magistrate can permit amendment even in the absence of any provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Procedure adopted in such cases is summary - Any matter which is decided in a summary manner shall not have an effect of res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition for maintenance - Res judicata - Earlier petition for maintenance was dismissed - Wife filed second maintenance petition in a premise that there has been change in circumstance - Second maintenance petition is maintainable when there is change of circumstances...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife disclosed in the petition regarding filing of earlier petition for grant of maintenance under D.V Act and interim maintenance granted therein - Magistrate after taking into account said facts directed to payment of maintenance to wife - Contention of husband that in an overlapping jurisdiction..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Contention of husband that affidavit filed by wife was not sworn before any Magistrate is of no significance, as affidavit was filed before Magistrate only who had accepted the same - Otherwise, also Governments have made self attestation of affidavits sufficient to file the same - Contention rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Trial Court has discretionary power to order maintenance from date of order if there are circumstances and reasons for doing the same...........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Courts while dealing with maintenance matters either u/s 12 of PWDV Act or u/s 125 Cr.P.C, should not go into validity of marriage...........
