Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement - Where wife blocks a substantial source of income of husband and then claims enhancement of maintenance, same amounts to an abuse of process of law and also against interest of justice...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Daughter of parties is now aged about 13 years and she is a student of class 8 - Amount of maintenance of Rs.3000/- p.m granted to child is clearly not sufficient to maintain a school going child - Maintenance awarded to child enhanced from Rs.3000/- to Rs.5000/- p.m...........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to unmarried major daughter - Unmarried major daughter cannot claim maintenance in ordinary circumstance merely on the ground that she does not have means for her sustenance - However, such major unmarried daughter can claim maintenance by reason of any physical or mental abnormality or injury if she is unable to..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife has no means to maintain herself - Husband though admitted that he had been working as manager of company having 52 employees but confined his income to Rs.500 per day - Income stated by husband not found believable by Family Court - Family Court thus, rightly awarded Rs.10,000/- p.m. as..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance to widowed daughter-in-law - Daughter-in-law cannot claim maintenance u/s 125 Cr.P.C. but she can claim the same u/s 19 of Hindu Adoptions and Maintenance Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance to widowed daughter-in-law - Provision of S.125 Cr.P.C. in petition u/s 19 of Hindu Adoptions and Maintenance Act cannot be applied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - It is personal liability of husband to pay maintenance to his wife and daughter - Husband is not discharged from his liability to pay on the ground that he is a day labourer and he has to maintain his parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband according to wife has sufficient landed property and earns Rs.30,000/- per month and said fact not denied by husband either in his written statement or in his evidence - Maintenance of Rs.5000/- p.m. to wife and daughter rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Mere refusal by wife that she is not ready to go for DNA test in her cross-examination, would not be sufficient to draw adverse inference against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Husband ready to go for DNA test but no separate application is filed for DNA test - Adverse inference cannot be drawn against wife merely because she refused to go for DNA test in her cross-examination - Even otherwise, husband failed to show that for period of..........
