Showing : 21-30 of 303 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Interim maintenance - Application of wife rejected solely on basis of qualification and her capacity to earn - Merely because wife is qualified, it is no ground to hold that she is in position to maintain herself - Trial Court erred in rejecting application without considering ability of wife to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67-- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6 months and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3)-- Maintenance to unmarried major daughter - Once children attain majority they would cease to get any benefit u/s 125 Cr.P.C. - However, as long as daughter remains unmarried and unable to support herself, even though qualified, an obligation is cast upon her father to maintain her - Unmarried major..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(5), 127-- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to daughter - Husband tried to conceal his actual income - However, husband admitted his share in agricultural land and its produce and that he is working in factory - Considering minimum wages prevalent in State, income of husband cannot be considered less than Rs.12,000 p.m - Court..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, 26, Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2)-- Jurisdiction of Family Court - Application u/s 125 Cr.P.C and Ss.18, 20, 22 of PWDV Act - Family Court has jurisdiction to try application u/s 125 Cr.P.C by virtue of S.7(2) of Family Courts Act - In view of S.26 of Domestic Violence Act reliefs claimed u/ss 18, 19, 20, 21 & 22 can also be sought..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, Family Courts Act, 1984, Section 19(4)-- Dismissal of petition filed u/s 125 Cr.P.C. and Ss.18, 20, 22 of PWDV Act in Family Court - Appeal - Relief sought under PWDV Act is adjunct to relief sought u/s 125 Cr.P.C - Since an appeal against an order passed u/s 125 Cr.P.C is barred by virtue of S.19(2) of Family Courts Act, remedy of..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Mere fact that husband succeeded in proceeding under Guardians and Wards Act, which is under challenge before this Court, is no ground to negate maintenance to wife, as said proceeding is different in nature...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Income of husband - Where there is no proper evidence regarding income of husband, Court has no option but to presume the income of husband...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Income of husband - When both the sides failed to prove the income of husband by adducing proper evidence, matter requires to be remanded back to Family Court for appreciation of evidence - Case remanded for fresh decision - However, amount of maintenance cannot be disturbed..........

Showing : 21-30 of 303 Results