Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
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 -- 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...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
