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 - Income of husband - Deductions - While calculating quantum of maintenance income has to be ascertained by only permitting deductions which are towards income tax and compulsory contributions...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Determination of income of husband - Deductions - Availing of loans by husband and its repayment and payment towards insurance premium, GPF, SLI, etc. are to be reckoned as personal savings and shall not be reduced from actual income to quantify amount of maintenance - Moreover, showing some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Court while determining quantum of maintenance has to consider factors like : (a) Residential comfort; (b) Health care standards; (c) Social and economic status of both parties; (d) Qualification and employment; (e) Sources of income and assets; (f) Marital standard of living bench mark; (g)Inflation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - First marriage - Quantum of maintenance - Husband works as a laborer and has 4 dependents including his first wife & her son `D' - Further, family court had already imposed maintenance of 4,000 per month toward `D' - Wife is entitled to maintenance of Rs.2,000 per month from date of filing of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay in payment of arrears of maintenance - Hardship faced by dependent spouse or child is not measured merely by quantum of arrears but by immediate consequences of financial deprivation that even short delays in maintenance can cause...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that husband has a second wife and is liable to maintain her cannot be a factor in denying maintenance to first wife or reducing the quantum of maintenance she is entitled to...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere possession of qualification by wife, who is admittedly not gainfully employed, cannot be a ground to deny or reduce the quantum of maintenance allowance required to be accorded to her...........
