Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea taken by husband that his income is on lower side is not substantiated or proved by him - Amount of maintenance as determined by Family Court @ Rs.1000 pm is too meager, particularly when wife has no independent source of income - Even otherwise, determination made was not correlated with actual..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Claim of maintenance of Rs.10,000/- per month - Where wife claims a specific amount of maintenance, concept of determining maintenance @ 1/3rd of total income accruing to husband cannot be made as a foundation of deciding application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorce proceedings at the instance of husband was dismissed - Husband was owner of two buses and he is having an income of about Rs.50,000/- p.m from said transport business - Said fact not denied by husband but he has taken a plea that he sold the buses to scrap dealer - However, there is no evidence to..........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Rejection of earlier claim for maintenance u/s 125 Cr.P.C made by wife is not a bar to file an application for grant of interim maintenance in proceeding initiated by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife getting pension - Cannot be taken as a ruse to disallow maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife doing coolie work by wife to eke out livelihood - Not a ground to discard her claim for maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave husband as he had second marriage - There is no proof that wife voluntarily deserted husband due to her adulterous conduct - Husband admitted that he is having dhaba house worth Rs.8 to 10 lakhs and he was earning Rs.5,000 to 6,000 p.m. - Maintenance @ Rs.3000 p.m. to wife held,..........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 6, Rule 17 -- Maintenance - Amendment of petition - Proceedings are quasi civil in nature meaning thereby that it has ingredients of both civil and criminal - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rise in cost of living - Amounts to change in circumstances - Wife entitled to claim enhanced maintenance...........
