Hindu Marriage Act, 1955, Section 26 -- Custody of child - Claimed by father - Family Court granted custody of both the children to father - However, custody of younger son continues with mother - Husband have not paid maintenance to wife and children - Even, wife in order to avoid further disharmony is willing to forgo her claim over arrears of maintenance - Affidavit..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not a pre-condition for grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Long cohabitation of 15 years between parties living together as man and woman, even without performance of essential rituals of marriage, would give rise to a presumption that applicant was living with husband as wife - Presumption of cohabitation as husband and wife is also not rebutted by his subsequent..........
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 -- Maintenance to wife - Qualification of a lady is not sufficient to hold that she is able to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage is a question of law - But it is out of concern of Family Court while exercising jurisdiction u/s 125 Cr.P.C - It is within realm of civil Court to adjudicate it - Family Court exercising jurisdiction u/s 125 Cr.P.C thus, bound by a decree passed by Civil Court on validity of marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife pleaded in application that she is wife of respondent - Husband did not controvert said evidence of wife but admitted the same during examination as RW1 - Evidence on record is sufficient to conclude that parties thereto were related as husband and wife by a marriage solemnized..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence struck off for non-payment of maintenance - Husband paid full outstanding maintenance amount to wife - Direction therefore, given to Family Court, in case husband has paid all outstanding amount of maintenance allowance, direction of striking out defence of husband shall not be given effect to and..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Granted from date of order - Magistrate not assigned any reason for not granting maintenance from date of application and for granting relief only from date of order - Husband remained ex parte - Maintenance case filed in the year 2014 and impugned order passed in 2017 - Impugned order..........
