Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While the length of marriage by itself is not determinative of entitlement u/s 125 Cr.P.C. it is nonetheless a relevant factor in assessing nature of dependency, adjustment of lifestyle and extent to which parties had in fact shared a common standard of living...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband earns more it cannot be said that wife must necessarily receive half or a substantial fraction thereof - Such an approach would amount to converting maintenance proceedings into a de facto claim for sharing of income or property which is impermissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance - Income of husband - Court can draw adverse inference against a husband, who despite being given ample opportunities fails to file an affidavit disclosing his income and assets...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife had been studying and had completed her LLB in 2024 - Prima facie her claim towards education expenses is made out - Husband failed to prove that wife had any source of income or she is engaged in any form of profitable employment - Maintenance @ Rs.3500 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a wife by her own acts or omissions, causes or contributes to incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Criminal Act committed by brother and father of wife which rendered husband incapable of earning and left him without sufficient means - Interim maintenance rightly declined...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of consideration of interim maintenance, Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively - Court is only required to examine on a prima facie basis, whether spouse and minor child seeking maintenance are..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Mere fact that one child is in custody of husband cannot by itself, be a ground to absolve him of his obligation to maintain wife and minor child residing with her...........
