Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Filing of an application seeking interim maintenance is not a pre condition for grant of interim maintenance - Court is empowered to pass an order assessing interim maintenance even in a case where no such application is filed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Withdrawal of application for interim maintenance as wife was hopeful that matter would conclude shortly and final maintenance would be fixed - Wife did not forego her right to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Murder by wife of mother of husband - Wife acquitted after trial - Merely because an appeal has been filed is not a ground to deny maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Wife alleged to be living in adultery - Impugned order granting interim maintenance set aside and matter remitted for ascertaining if there is material available on record to show that wife is prima facie living in adultery and thus disentitled to interim maintenance, and if not, assessing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Proceedings u/s 125 Cr.P.C are summary in nature - No intricate questions of law and fact can be finally disposed of - It is sufficient if wife establishes that parties have been residing together as husband and wife and there was cohabitation then wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties solemnized by way of Chunni ceremony - Marriage photographs and granthi of Gurudwara who recited holy ardaas was called in support of such marriage - Both parties started residing together since marriage - Wife held, entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Stray or single lapse on part of wife is not sufficient to bring her conduct within meaning of expression `living in adultery' as per S.125(4) Cr.P.C, as it should be a continuous course of adulterous conduct...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Cannot be denied merely on basis of bald allegation levelled by husband that she is living in adultery, until and unless allegation is substantiated by any cogent evidence by husband...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife's continuous adulterous conduct not proved by husband - One or two incidents would not establish that wife is living in adultery, particularly when such stray incident is not proved till date - No evidence on record that wife has sufficient source of income for her livelihood - Taking..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Refusal - Tendering of summons, its refusal and affixation of summon and copy of plaint on wall should be witnessed by persons who identified the respondent and his house and witnessed such procedure - Report of process server reveals that no attempt was made by..........
