Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Single instance of adultery - Not sufficient to refuse maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Single instance of adultery - Merely because one `S' was in bedroom of wife in a house where two daughters of parties were staying, it cannot be said that wife had committed adultery with him - Even if for the sake of argument it is accepted that wife had committed adultery, then also there is no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced Muslim wife is entitled to claim maintenance u/s 125 Cr.P.C even beyond iddat period and for whole life unless she is disqualified for reasons such as entering into marriage with someone else...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Plea of inability to pay taken by husband - Income of husband 25 to 30 thousand - Maintenance of Rs.3000/- p.m. not on higher side...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Earlier maintenance application of wife disposed of by treating same under provision of S.3 of Muslim Women Act - Claim of wife u/s 125 Cr.P.C was not decided in an earlier application, nor any maintenance beyond period of iddat was granted nor fair and reasonable provision was made towards..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient income of wife - It was for husband to lead evidence that what is the income of wife or where wife is working - In the absence of any such evidence no presumption can be raised that wife is earning sufficient amount to support herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife did not file a petition for grant of maintenance during pendency of matrimonial proceedings, is no ground to hold that she is not entitled to file such a petition later on...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife who has been divorced by husband even on the ground that she had deserted her husband, is entitled to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Wife subjected to torture, forced by husband to stay separately along with girl child - Both are victims of u, conducive circumstances created by husband - Net salary of husband is Rs.73,500 out of which Rs.20,000 p.m incurred towards maintenance of old aged parents of husband - Though wife is..........
