Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave matrimonial home on account of dowry demands and physical assault - Testimony of wife was supported by her complaint to CAW cell which was proved on record - She has no source of income and does not possess any movable and immovable property - Mere fact that wife having qualified..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Expression `unable to maintain herself' does not mean that wife must be absolutely destitute before she can apply for maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is capable of earning is not a sufficient reason to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife in her affidavit has stated that she has not been employed and is totally dependent on her mother and brother for maintenance - Husband filed his affidavit of assets, income and expenditure wherein he disclosed that his gross income is Rs.38,500/- p.m. - Rs.8000/- deducted towards expenses shown by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Maintenance - Alteration or review of maintenance order - Magistrate does not become functuous officio after passing an order u/s 125 Cr.P.C. - By S.125(5) Cr.P.C. Magistrate is expressly empowered to cancel an order passed u/s 125 Cr.P.C. on fulfillment of certain conditions - S.127 Cr.P.C. empowers Magistrate to..........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance - Parties settled the matter amicably - Maintenance petition disposed of - Recall of order as respondent did not honour its commitment under settlement - Order reviving maintenance application - Order passed is not hit by S.362 Cr.P.C. - Rejection of application, by High Court, filed by husband u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting income from agriculture - Withholding of information about agricultural land and income from agriculture - Adverse inference has to be drawn that husband is not disclosing his income correctly and is trying to withheld certain information...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting net pay of Rs.55,000/- in the year 2017 as net pay and also getting agriculture income - Wife entitled to maintenance of Rs.12,000/- per month...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Certificates Exh.14 & 15 as well as evidence of husband himself staying at different places with wife for a certain period clearly proves their relations as husband and wife - Wife was deserted by husband by giving mental as well as physical cruelty - Award of maintenance of..........
