Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
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, 128 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 147) - Enforcement of order passed u/s 125 Cr.P.C (S.144 BNSS) - Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to maintenance under chapter IX Cr.P.C (Chapter X BNSS) - Nyayadhikari of Gram Nyayalaya, directed to decide pending execution..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 94 -- Maintenance to wife - Production of documents regarding service and income of wife - Documents sought by husband are relevant and have a direct bearing on fair adjudication and are certainly necessary and desirable for the purpose of trial - Husband specifically alleged that she is working in Hospital - Hospital..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Benefit of S.125 Cr.P.C has been expressly restricted till attainment of age of majority by child - Son of petitioner has been a major for the last five years and thus not entitled to maintenance u/s 125(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Once marriage inter-se husband and wife is not in dispute, rather stands admitted by husband as well as in-laws, wife being legally wedded wife of husband is entitled to seek maintenance under the Act, subject to her proving domestic violence, if any, committed..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Wife successfully proved on record that husband as well as her in-laws repeatedly tortured her physically and mentally for bringing less dowry - She also proved that she was given beatings by husband as well as her in laws - Husband is working in Indian Army and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When wife discontinued her job due to marital obligations as well as compulsions than she is entitled to get maintenance from husband who is in well paid profession, till she again get the job of sufficient income to maintain herself...........
