Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Educated wife - Mere fact that wife is more educated than husband and as such she is able to maintain herself as she can fetch her livelihood on her own would not by itself make a person self sustained by only having ability to earn her livelihood...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified and working in a private company is not in dispute - No evidence on record that wife has ample means to maintain herself - Though wife is educated but no evidence on record that she was having an employment - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Normal healthy person may be fairly educated is presumed to be capable of earning - Presumption does not extend to conclude that such earning would be sufficient to maintain such a person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and her son - Denial of - Wife concealed factum of her re-marriage with two persons one after the other, while filing application u/s 125 Cr.P.C - She admitted that son born out of wedlock with husband, who was living with her parents and who maintain him - Moreover, wife herself is an educated woman having..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Expression `unable to maintain herself' - Admittedly, wife is a educated lady - However, she is saddled with responsibility to look after her young son and expecting her to work and to do household chores, is to expect too much - Even, it is her circumstances which has forced her to be unable to..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Admittedly, wife is a educated lady - Merely because she is educated does not necessarily imply that she has capacity to be employed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Refusal to grant on the ground that wife is highly educated - Maintenance cannot be refused on the ground that wife is highly educated - Wife M.A. LL.B. but not possessing B.Ed. degree - She could not get employment as a teacher - Legal profession is very competitive - Order granting maintenance of Rs.2000/- p.m...........
Criminal Procedure Code, 1973, Section 125 -- Wife educated - Cannot be deprived of her right to get maintenance merely on the ground that an educated lady can always get employment...........
