Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order to pay from date of application - Court need not to state reasons for doing so...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband stated that he is doing agricultural operation in land taken on `pattam' from others - Family Court fixed Rs.750 as daily wages and fixing monthly maintenance payable to wife and child on this basis - However, evidence on record that husband's aged mother is taken care of by him, is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceedings u/s 125 Cr.P.C, it is not necessary for Court to ascertain as to who was in wrong and minute details of matrimonial dispute between husband and wife need not be gone into...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Validity of marriage - Wife averred that marriage is not registered under a Kazi appointed under Kazis Act - Evidence of Kazi is irrelevant in the case, because it is an admitted fact that said marriage was not registered - Trial Court failed to assess evidence adduced by wife's side in its..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Detailed enquiry on marital status is not called for in a maintenance case, but Court is only to arrive at a prima facie satisfaction about marital status of parties from the materials produced for its consideration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - No evidence on record to establish income of husband - Court has to make a rough estimate as to what his income could be - It has not been established that husband is owning a ready made garments shop - At best it could be held that he was..........
