Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - One or two lapses from virtue of a wife are insufficient to hold that wife is living in adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Involvement of a wife in lapses of virtue will not disqualify her from entitlement to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Commission of adultery and living in adultery have its own connotations and each has to be established by cogent evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Husband maintaining some doubts about relationship of wife and one `P' - True that husband has only spoken about some instances of meeting together of the parties, but that evidence is highly insufficient to hold that wife is living in adultery with `P'...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried - However, husband failed to produce any documentary evidence in this regard - Wife on the other hand failed to enter into box to state truth about allegation that she married another person and was staying with him - Failure of wife to tender evidence to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried and daughter is admitted in Yatheemghana - However, husband failed to examine any witness and to adduce any documentary evidence to justify said averments - Daughter is admitted in educational institution in 6th standard which is not a Yatheemghana - Monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage not a ground for refusal of maintenance if other requirements of S.125 Cr.P.C. are fulfilled...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wrong mentioning of date of marriage in application - Such type of error cannot be given much importance in proceedings u/s 125 Cr.P.C, as such error may crept in due to lapse of time or by mistake...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not required in proceedings u/s 125 Cr.P.C., if from evidence which is led, Magistrate/Court is prima facie satisfied with regard to performance of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Either of parties aggrieved by order of maintenance u/s 125 Cr.P.C, can approach civil Court for declaration of status as order passed u/s 125 Cr.P.C does not finally determine rights and obligations of parties...........
