Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non-payment - Imprisonment - Maximum period for which a person against whom realisation of arrears of maintenance amount is due is taken into custody can be for a period of one month and not beyond that - It can be less than one month if payment is made prior to the completion of one month in custody...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Interim maintenance - Cannot be denied on the ground that an ex parte decree u/s 9 of Hindu Marriage Act is passed against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband himself did not come out clean of his source of income - No error in holding income of husband as Rs.6,500/- per month - However, interim maintenance is adjustable to the final order of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of customary divorce - Document regarding customary divorce not registered and does not reveal the customs as required to be followed in concerned community of litigating sides - Said document is of no probative value - Even otherwise, a divorced wife has a right to seek maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Award of maintenance from date of application - Facts for grant of maintenance from date of application mentioned in order but not mentioned in operative part of order - Not sufficient to hold that reason is not assigned for grant of maintenance from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere sitting of wife with her father in a clinic without earning cannot absolve husband from maintaining his wife - Since wife was deserted by husband and she was living separately and was not able to maintain herself, husband bound to maintain her - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage between a Christian and a Hindu performed as per Hindu rites with full consent of both parties cannot be said to be invalid for the purposes of claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Divorce on ground of desertion - Divorced wife even when she had deserted the husband is entitled to maintenance but only from the date of decree of divorce...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Divorced wife - Wife earning for sometime - No evidence that wife was still earning - Wife did not disclose her employment status - Wife has suppressed the fact - Non disclosure is not an issue as relevant but it was expected that parties should made full disclosure of their respective employments - Maintenance..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - A month's imprisonment for every month's default is maximum penalty u/s 125(3) Cr.P.C., not a maximum of a month's imprisonment for total default - However, a month's imprisonment for every default is not the rule and sentencing cannot be mechanical - Court has to..........
