Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband pleaded that he had undergone vasectomy operation in 2005 and wife got pregnant in 2007, thus a presumption needs to be drawn against wife as to allegation of adultery - Plea rejected, as documents in support of the same produced by husband, but author of said documents not examined -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife obtained divorce from her previous husband in customary manner - When second husband/respondent married applicant knowing fully well that her earlier marriage had not ended in a valid divorce, then respondent is estopped from raising a plea u/s 125..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Economic abuse - Denial of maintenance allowance to wife causes `economic abuse' to her within meaning of S.3 of Domestic Violence Act...........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Monetary relief - Wife made out a good case justifying her separate living - Admittedly, wife is a housewife and she has no source of earning whereas husband draws monthly salary of Rs.49,000 excluding all deductions - Denial of maintenance allowance to wife causes `economic abuse' to her within meaning of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a government servant and is getting salary of Rs.40,186 after necessary deductions - Taking into account the fact of rise in inflation, rise of cost of living and also taking into account that girl child was born in the year 2004 and as of now is about 16 years of age and also..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of - Wife living separately from her husband over a long period of time - She could not produce any plausible evidence to establish her claim that her husband was responsible for termination of their relationship - Facts and circumstances showing that husband made efforts to bring back wife which..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Interim maintenance - Divorce petition on ground of adultery and cruelty - When husband has raised serious objections of adulterous affairs of wife then Court ought to have taken up both matters together, namely, divorce petition and maintenance application - Order awarding interim maintenance to wife set aside -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having no independent source of income - Allegation of adultery made against wife by husband had no foundation - Materials on record shows that wife has made allegations of harassment, torture and demand of dowry and she filed a criminal case against husband - Maintenance to wife @ Rs.3000 each for..........
