Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Expression `unable to maintain herself' - Admittedly, wife is a educated lady - However, she is saddled with responsibility to look after her young son and expecting her to work and to do household chores, is to expect too much - Even, it is her circumstances which has forced her to be unable to..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Admittedly, wife is a educated lady - Merely because she is educated does not necessarily imply that she has capacity to be employed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier application of wife for maintenance dismissed - Subsequent application for maintenance is not maintainable as it tantamounts to review of earlier order of rejection of application...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 13 -- Divorce - Wife seeking pendente lite maintenance u/s. 24 of HMA - Maintenance already granted u/s.125 Cr.P.C. - Effect - Maintenance granted u/s.24 of HMA would supersede maintenance granted u/s.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried daughter though attained majority is entitled to claim maintenance from her father - Mother can claim maintenance on behalf of daughter by initiating proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rejection of divorce petition and acquittal of accused/husband in criminal case have no significant bearing on fate of application for maintenance, as legal obligation of husband to maintain his wife has no correlation with his exoneration in proceedings u/ss 498-A and 406 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Application of wife rejected solely on basis of qualification and her capacity to earn - Merely because wife is qualified, it is no ground to hold that she is in position to maintain herself - Trial Court erred in rejecting application without considering ability of wife to maintain herself or not - Order..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Word used u/s 125(4) Cr.P.C, does not mean a single act of adultery - It refers to continuous adultery and means something more than a single lapse of virtue...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - One photograph was filed by husband proving that wife is living in adultery with one person - However, said photograph was not proved on record - Even if it is presumed that said photograph is proved, then also it does not prove that wife is living in adultery - Ground of adultery held, not..........
