Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Wife was harassed and tortured on account of no, fulfillment of demand of dowry, hence, was living separately from her husband - She was unable to maintain herself and her minor daughter - Husband was earning Rs.5,753/- P.M. - No document placed on record to show that wife obtained some kind of job -..........
Criminal Procedure Code, 1973, Section 125(4) -- Adultery - Maintenance - Evidence on record proves that wife is living in adultery - Held, when she is living in adultery she is not entitled to get any amount towards maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amount of - There is no documentary evidence on record qua income of husband - Trial Court awarded maintenance @ Rs.3500/- P.M. to wife and Rs.1500/- P.M. to minor daughter - Held, said amount of maintenance allowed cannot be said high in these days of higher prices - Further, said amount is also not liable to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to be living in adultery `with some person' but that person not pin pointed and even whereabouts of that person not disclosed - There was no inkling of his identity - No evidence to substantiate the allegation of adultery against wife - Impugned order declining maintenance set aside - Matter remitted..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife once proved to be unable to maintain herself and husband having sufficient means, neglected and refused to maintain wife and son who were unable to maintain themselves, held, they are entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Second wife - Husband performed second marriage by suppressing fact of first subsisting marriage - Second wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to have been subjected to torture and cruelty by husband and his family members - She was taken to Maika where she begot child - On repeated request husband arrived at her place but failed to accompany wife and child, on pretext that till payment of Rs.2 lacs was made, she would not be honoured - Wife..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21 -- Residence order - Jurisdiction of Family Court - Petition filed by wife for grant of maintenance u/s.125 Cr.P.C. - No application made by wife praying for residence order - Held, remedies u/ss 18, 19, 20, 21 of Act could be sought by filing written..........
Criminal Procedure Code, 1973, Section 125, 421 -- Maintenance - Recovery - Attachment of property of husband - Objection of second wife that she had purchased property in question - Held, plea of bona fide purchaser rightly rejected as it was a sham transaction to defeat the claim of wife...........
