Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor children - It is sacrosanct duty of husband to provide financial support to wife and to minor children - Husband is required to earn money even by physical labour, if he is an able bodied and could not avoid his obligation, except on legally permissible grounds mentioned in the statue...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enough evidence to substantiate plea of wife that husband was demanding money from her father and was subjecting her to harassment - Husband also questioned chastity of wife by alleging that son was not his biological son and there is nothing on record to substantiate such baseless allegation - Husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Object of granting maintenance to wife is to ensure that standard of living as enjoyed by wife during marriage is maintained by husband even after the marriage ceases to exist...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband availed certain leaves as such certain deductions were from his monthly income - However, such deductions cannot become a part of the baseline in computing maintenance as, in all likelihood, the same will fluctuate over time, owing to very many reasons...........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance to wife - Review - Applicability of S.362 Cr.P.C. is relaxed with respect to S.125 Cr.P.C. and that a judgment passed with regard to same, may be altered or reviewed, owing to circumstances which may have changed subsequently...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step father - When a step father fulfills same responsibilities as biological father, step son cannot deny his obligation to maintain him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to biological mother after her remarriage - A biological mother, who has contracted second marriage, has always a right to claim maintenance from her son...........
