Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - It is for wife to establish that husband was earning some amount from business of his father and that even after death of husband's father, business was continued by family members - In absence of same, fixing of salary of husband at Rs.30,000 pm by Family Court and awarding Rs.12,500 for wife and..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Husband is working as a salesman on daily basis and earning Rs.350 per day - However, husband is in jail because of his inability to pay maintenance to his wife and child - Since husband is earning Rs.9000 as per his affidavit, he is directed to pay Rs.4500 as interim maintenance to wife and child..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Award of Rs.7000/- p.m. from the date of filing of application and Rs.11,000/- as litigation expenses - No evidence or supporting document with regard to source of income or assets and liabilities of husband filed - However, husband is a fashion designer and MBA not denied - It would not be..........
Criminal Procedure Code, 1973, Section 125 -- Enhancement of maintenance - 75 years old husband and 67 years old wife living separately due to differences - Considering age of wife, old age pension of Rs.2,000 pm would not be enough even to meet her medical expenses - Wife is suffering from problem in her ears and is having knee pain - Argument that wife must have..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - House rent allowance does not come in the purview of maintenance allowance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughters - Merely because wife is capable of earning, is not sufficient ground to refuse maintenance to minor daughters...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea by husband that he does not have means to pay or he does not have job or his business is not doing well - These are only bald excuses - In fact, these have no acceptability in law - If husband is healthy, able bodied and is in the position to support himself, he is under legal obligation to support his minor..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded in proceedings u/s 125 Cr.P.C are not final and parties are always at liberty to agitate their rights in Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife has no source of income of her own - She is thus, unable to maintain herself - Wife is living at her parental house due to continuous harassment and demand of dowry by husband and his family members - Maintenance allowance of Rs.10,000 to wife and Rs.5,000 to son rightly awarded...........
