Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C. - Wife initiated different proceedings under provisions of Domestic Violence Act or Muslim Women Act - Husband never raised any objection with regard to transfer of those proceedings - When wife initiated proceedings u/s 125 Cr.P.C. husband prayed for transfer of proceedings..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C. - Wife initiated different proceedings under provisions of Domestic Violence Act or Muslim Women Act - Husband never raised any objection with regard to transfer of those proceedings - When wife initiated proceedings u/s 125 Cr.P.C. husband prayed for transfer of proceedings..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Adultery - Husband had no direct knowledge about allegation of adultery or illicit relationship of wife - He is only relying on hearsay knowledge of instances given by his brother - Merely because wife was going in car with alleged person, it cannot be concluded that wife lives in adultery - Wife was never seen..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife and daughter - No evidence on record that wife is having any employment or she is getting any independent income to maintain herself and daughter - Whereas husband is working at gulf at the time of marriage but pleaded that he is not working in gulf now - No evidence on record to proved that he is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Validity of marriage - Sufficient material on record to prima facie form an opinion that applicant was the legally married wife of the non applicant - No plausible explanation why admission were made - Held, applicant was able to prove by cogent and strong evidence that applicant and respondent had married to each..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Children of Muslim parents are entitled to claim maintenance u/s.125 Cr.P.C. for the period till they attain majority or they are able to maintain themselves, whichever is earlier - In case of females till they get married, and this right is not restricted, affected or controlled by divorce wife's right to claim..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Liability to pay maintenance u/s 125 Cr.P.C. is a continuing liability and does not get extinguished - Claim of wife for grant of maintenance for the period which may be beyond the period of one year from the date of filing of her petition, held, maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - If husband takes a plea that marriage with applicant wife is void due to existence of his earlier marriage with another lady the burden of proof of earlier marriage is on the husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
