Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to maintenance u/s 125 Cr.P.C once she had taken resort to proceeding u/s 125 Cr.P.C. notwithstanding availability of alternative remedy provided under Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Mere fact that wife is earning and is Income Tax Payee, does not disentitle her to claim maintenance - Income Tax returns of wife shows that she has declared total annual income of Rs.81,000/- which works out to less than Rs.7,000/- p.m. - Wife is entitled to the same standard of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband did not adduce any evidence that wife is earning and has sufficient means to maintain herself and her daughter - However, it is undisputed fact that wife is running a beauty parlour, which is a profitable business - If at all wife has no means to maintain herself and her daughter, she would have claimed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorce Muslim woman is entitled to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea that wife is earning - Even if wife is earning, husband is legally and morally bound to maintain her - Maintenance u/s 125 Cr.P.C is to prevent vagrancy - Wife is equally entitled for living standard which she was enjoying while living with her husband - Interim maintenance rightly awarded to wife and..........
Hindu Marriage Act, 1955, Section 25(1) -- Permanent alimony - Unchastity of wife - Factum of unchastity of wife was required to be pleaded and proved by adducing specific and cogent evidence - Husband failed to do either of same - Mere bald statement in evidence of husband would not be a substitute of proof of wife being unchaste - Wife is entitled to maintenance from..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Husband has abandoned his wife without any reasonable cause and filed suit for divorce on irrelevant grounds to get rid of her - He has been willfully neglecting her during continuation of divorce proceedings and denied payment of interim maintenance fixed by Court during pendency of proceedings..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Wife will not be entitled to get monthly maintenance allowance u/s 125(4) Cr.P.C, if she refuses to live with her husband without any valid reason, or living in adultery or separately by mutual consent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Muslim divorced woman is entitled to get maintenance u/s 125 Cr.P.C after Iddat period as long as she does not remarry and if she is otherwise so entitled - Order denying maintenance to wife set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself...........