Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Marriage - Any person who performs a Muslim marriage is called Kazi - However, presence of Kazi appointed under Kazis Act is not mandatory in a Muslim Marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Validity of marriage - Wife averred that marriage is not registered under a Kazi appointed under Kazis Act - Evidence of Kazi is irrelevant in the case, because it is an admitted fact that said marriage was not registered - Trial Court failed to assess evidence adduced by wife's side in its..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of marriage by husband - Husband claimed that wife is not his legally wedded wife and he has been married to one `S' and have two daughters - Wife however, stated that she was not aware that husband was already married but they lived for more than 10 years as husband and wife - Burden was on husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Detailed enquiry on marital status is not called for in a maintenance case, but Court is only to arrive at a prima facie satisfaction about marital status of parties from the materials produced for its consideration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not necessary in proceeding u/s 125 Cr.P.C and even if marriage between parties is not solemnized by performing essential rituals but if the parties have lived over a long period of time as man and woman considering themselves husband and wife, the law would presume marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Parties lived together as husband and wife and a son was born in the year 2004 - Their association spanned over a period of 10 years and it was only after petitioner indicated his willingness to marry woman police constable differences between them had arisen - Petitioner left her in 2013 and she had gone..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
