Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorce by mutual consent - Wife not remarried after divorce - Held, wife is entitled to maintenance till she does not remarry and S.125(4) Cr.P.C. is not a bar for grant of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Husband working as Senior Technician and getting Rs.18,000 p.m - Maintenance of Rs.2,000 p.m granted to wife who is a junior advocate and unable to maintain herself - Cannot be said to be fair and reasonable amount of maintenance - Taking into consideration rise in cost of living, price index and basic..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Merely because wife not compiling with decree of restitution of conjugal rights is not a ground to refuse maintenance to her as there is no express bar u/s 125 Cr.P.C. to grant maintenance to a wife against whom decree for conjugal rights is passed - Said order of maintenance having not been set aside by higher..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Vague allegation that wife is living in adultery - In order to refuse maintenance to wife, husband must prove continuous adulterous conduct on wife's part - Evidence of husband to this effect not very specific to prove continuous adulterous conduct on part of wife - Family Court, therefore, absolutely right in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of her first marriage - Claim of maintenance from second husband - Second marriage is void u/s 11 of Hindu Marriage Act - There is no dispute between parties as regards the existence or validity of first marriage of wife - Second husband not required to seek formal..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A divorced Muslim wife is entitled to claim maintenance from her husband u/s 125 Cr.P.C. even after expiry of period of Iddat as long as she does not remarry - Amount of maintenance u/s 125 Cr.P.C. cannot be restricted for the Iddat period only...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No evidence as to why wife is living separately - Dismissal of application - Held, Court should have specifically asked wife by putting specific query as to why and under what circumstances she was living with her parents - Impugned judgment and order set aside - Matter remanded to proceed afresh...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife not aware of her husband's first marriage - Concealing of fact of first marriage by husband - Held, a woman, who had married without knowing about the previous marriage of husband, does not acquire legal status of wife, and is not entitled to claim..........
