Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to prove the fact that she is a legally wedded wife of husband - She did not produce any independent witness to fortify fact of marriage solemnized between her and husband - Wife produced documents containing her photographs, however, in document name of other woman mentioned in the document as..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Transfer of cases sought on the ground that there is refusal by advocates to represent husband in legal proceedings - However, husband being represented by one of such..........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Husband sought transfer of two cases because he has an apprehension qua his false involvement in cases by brother of wife - However, husband is appearing in cases in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance by married daughter and her minor brother - Application for maintenance dismissed and revision there against was filed by married sister alone - Revisional Court exercised suo moto power u/s 399 Cr.P.C to set aside dismissal order passed against minor brother on the ground of locus standi and granted maintenance to..........
