Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Criminal Procedure Code, 1973, Section 125, 127 -- Second application for maintenance - Wife sought enhancement of maintenance granted in first application for maintenance, as it was based on compromise between parties - Though second application for maintenance is not maintainable, but under facts and circumstances of case, second application for maintenance u/s 125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can file application for maintenance even after the matter was compromised and she received lump sum alimony vide said compromise, particularly when she is unable to maintain herself and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Divorce by mutual consent - Amount paid in such proceedings was also towards maintenance of child - After matter is compromised and affidavits/documents in support of compromise are submitted then it would not lie in the mouth of any of the parties to backtrack from the same, moreso, after having..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband an able bodied person and he manipulated his salary slips - There is family business which was run by husband and his father - However, said business being run by husband was denied by him - More so, it is established from the fact that during compromise husband and his father had agreed to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Right of daughter to get maintenance from father cannot be forfeited by virtue to agreement/compromise entered into between mother and father...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Husband contended that second application for maintenance was withdrawn by wife in view of compromise between parties and both the parties agreed to reside separately, therefore, by virtue of S.125(4) of the Act, wife not entitled to claim maintenance - Contention rejected, as no particulars of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Termination of FIR u/ss 498-A and 406 IPC through compromise - Document executed whereby matrimonial ties were terminated with consent and parties decided to part their ways and to proceed in their life as per their own wishes and wife agreed that she will not claim any maintenance from husband in future - Held,..........
Criminal Procedure Code, 1973, Section 125 -- Enhancement of maintenance - Compromise arrived at between parties during pendency of proceedings whereby husband has given pucca house to wife and wife is getting regular income from the house - Wife alongwith her sons have sworn in affidavit also that they would not claim any future maintenance - No case of wife that..........
