Criminal Procedure Code, 1973, Section 125 -- Maintenance - Merely because wife not compiling with decree of restitution of conjugal rights is not a ground to refuse maintenance to her as there is no express bar u/s 125 Cr.P.C. to grant maintenance to a wife against whom decree for conjugal rights is passed - Said order of maintenance having not been set aside by higher..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of her first marriage - Claim of maintenance from second husband - Second marriage is void u/s 11 of Hindu Marriage Act - There is no dispute between parties as regards the existence or validity of first marriage of wife - Second husband not required to seek formal..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 12(1)(a) -- Maintenance - When marriage is annulled or declared null and void due to some mischief or wrong committed by husband, he will have to pay maintenance u/s 125 of Cr.P.C. despite declaration of nullity or annulment of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A divorced Muslim wife is entitled to claim maintenance from her husband u/s 125 Cr.P.C. even after expiry of period of Iddat as long as she does not remarry - Amount of maintenance u/s 125 Cr.P.C. cannot be restricted for the Iddat period only...........
Family Courts Act, 1984, Section 19(4), Criminal Procedure Code, 1973, Section 125 -- Maintenance - An order granting interim maintenance u/s 125 Cr.P.C is an interlocutory order and not revisable u/s 19(4) Act of 1984...........
Hindu Marriage Act, 1955, Section 25, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Permanent alimony granted to wife - Husband cannot be imposed with double burden of maintenance u/s 125 Cr.P.C - Husband agreed to pay permanent alimony u/s 25 of Hindu Marriage Act - Amount paid pursuant to S.125 of Cr.P.C adjusted toward permanent alimony...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Divorced Muslim wife - Muslim woman is entitled to claim maintenance u/s 125 CrPC even beyond the period of iddat if she was unable to maintain herself and it would extend to the whole life of divorced wife unless she gets married for a second..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced wife - Magistrate has power to grant maintenance in favour of a divorced Muslim woman u/s 125 CrPC, even if an application u/s 3 of MW Act for grant of maintenance is filed...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Divorced Muslim wife - Muslim woman is entitled to claim maintenance u/s 125 CrPC even beyond the period of iddat if she was unable to maintain herself and it would extend to the whole life of divorced wife unless she gets married for a second..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced wife - Magistrate has power to grant maintenance in favour of a divorced Muslim woman u/s 125 CrPC, even if an application u/s 3 of MW Act for grant of maintenance is filed...........
