Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced Muslim wife is entitled to get maintenance till she remarries unless claim for `a reasonable and fair provision and maintenance' to be paid u/s 3 of Muslim Women Act to divorced wife is not paid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was living separately due to cruel behaviour of husband - Husband not raised any contention that wife is capable of maintaining herself - Wife on the other hand specifically asserted that husband had been getting Rs.1 lakh p.m, though income of husband was not exactly proved - Husband thus, bound to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement - Where wife blocks a substantial source of income of husband and then claims enhancement of maintenance, same amounts to an abuse of process of law and also against interest of justice...........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife has no means to maintain herself - Husband though admitted that he had been working as manager of company having 52 employees but confined his income to Rs.500 per day - Income stated by husband not found believable by Family Court - Family Court thus, rightly awarded Rs.10,000/- p.m. as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - It is personal liability of husband to pay maintenance to his wife and daughter - Husband is not discharged from his liability to pay on the ground that he is a day labourer and he has to maintain his parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband according to wife has sufficient landed property and earns Rs.30,000/- per month and said fact not denied by husband either in his written statement or in his evidence - Maintenance of Rs.5000/- p.m. to wife and daughter rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Mere refusal by wife that she is not ready to go for DNA test in her cross-examination, would not be sufficient to draw adverse inference against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Husband ready to go for DNA test but no separate application is filed for DNA test - Adverse inference cannot be drawn against wife merely because she refused to go for DNA test in her cross-examination - Even otherwise, husband failed to show that for period of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability of petition on ground of jurisdiction - Wife filed petition for maintenance at place `B' and in support thereof filed her voter card which prima facie shows that she is residing at place `B' and it is convenient for her to pursue the case at such place - Intention of husband as it appears from his..........
