Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and child - Legitimacy of child - Presumption - Validity and continuance of marriage between parties is neither disputed nor denied - Child born during continuance of valid marriage - Mere fact that parties are living separately for one year, it cannot be said that child was..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - No evidence on record that wife is living in adultery - No such pleading or evidence adduced by husband - Even name of person with whom wife is alleged to be having illicit relations not mentioned either in written say or even brought on record in evidence - Adultery not proved - Wife is..........
Criminal Procedure Code, 1973, Section 397(3), 125 -- Second revision - Bar u/s 397(3) Cr.P.C. - Applicable only when revisional applicant before Sessions Court and High Court is the same person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of void marriage - No cogent evidence on record in relation to plea of voidness of marriage - Moreover, on the basis of evidence on record, it cannot be said that evidence does not indicate the factum of marriage - In matter of this nature, strict proof with regard to marriage is really not necessary -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Dismissal of application, filed by wife,u/s 12 of Domestic Violence Act - Not a bar to grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor son - Husband objected the maintenance awarded by family Court to wife and minor son on the ground of his illness - However,Family Court after taking into consideration the medical condition of husband awardedmaintenance of Rs.3500/- to wife and Rs.2000/- to minor child - Moreover, husband not made..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Provision of S.127 Cr.P.C. is always subject to provision of S.125 Cr.P.C. - If a person ceases to be entitled to receive maintenance u/s 125 Cr.P.C., he cannot seek an order of enhancement u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - After attaining majority - Permissibility - Child whether legitimate or illegitimate, on attaining majority, if not suffering from any physical and mental abnormality or injury, is not entitled to receive maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contended that no opportunity to adduce evidence was given to him while granting maintenance to wife - However, evidence on record shows that numerous opportunities were given to husband to adduce evidence but he did not afforded the same - Moreover, quantum of maintenance has not been challenged by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband convicted for committing offence of bigamy but appeal thereagainst pending - Wife is staying separately due to said fact cannot be said that she is staying separately without any justifiable reason - High Court committed error by rejecting maintenance to wife - Impugned order of High Court set aside -..........
