Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife performed second marriage during subsistence of her previous marriage - Burden of proof - Fact that wife had not been divorced by her former husband claimed by husband - Burden is on him to establish that no such divorce was effected between wife and her former husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - An agreement by which a wife waives her right guaranteed u/s 125 Cr.P.C. is an agreement against public policy, hence void...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorce by mutual consent u/s 13-B of Hindu Marriage Act granted and wife accepted lump sum amount of maintenance as full and final settlement - Parties residing separately - Held, wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim woman - Divorce not a ground of refusing maintenance u/s 125 Cr.P.C. - Even a divorced Muslim woman is entitled to claim maintenance from her divorced husband, as long as she does not remarry - Income of husband Rs.Two lacs p.m. - Maintenance of Rs.10,000/- to wife and Rs.5,000/- each to minor children,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife is entitled to the same standard of living as she would have while residing with her husband...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom warrant is issued fails..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Execution - Plea that wife is not entitled to maintenance as she is living in adultery - Such plea is not available in a petition for execution of award of maintenance - In the event of change of circumstances order can be got modified u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of maintenance at Rs.4,000 in favour of wife and Rs.3,000 in favour of minor sons by Trail Court - Validity - Held, trial Court in absence of any document filed by present petitioner assessed his income around Rs.65000/- P.M. Actual income is known only to husband - It is his duty to come with documentary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - If a man is healthy and able bodied, he must be held to be possessed of means to support his wife, child etc. - Even husband may be insolvent or a professional beggar or a minor or a monk but he must support his wife so long as he is able bodied and to eke out his livelihood...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Torture or ill-treatment, cruelty and/or inhuman behavior to wife by the husband are sufficient reasons for refusing to live with the husband...........
