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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Held, even if husband is not earning anything, it is his duty to maintain his wife, who is unable to maintain herself and children also...........
Hindu Marriage Act, 1955, Section 25, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Permanent alimony granted to wife - Husband cannot be imposed with double burden of maintenance u/s 125 Cr.P.C - Husband agreed to pay permanent alimony u/s 25 of Hindu Marriage Act - Amount paid pursuant to S.125 of Cr.P.C adjusted toward permanent alimony...........
