Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Marriage between husband and wife not legal as per Hindu Marriage Act, as husband entered into a `Sagai Vivah' with wife - Even both husband and wife are previously married and entered into a customary divorce, which is also not legal - Thereafter both entering into relationship with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is capable of earning is not a sufficient reason to reduce maintenance as awarded by Family Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Family Court granted Rs.15,000 to wife and Rs.10,000 to son as maintenance - High Court reduced maintenance of wife to Rs.6,000/- on the ground that wife is capable of earning - Whether wife is capable of earning or whether she is actually earning are two different requirements - Merely because..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - Not a bar to grant maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Parties living separately for about 26 years as physical and mental cruelty meted out to wife - Husband also not paid any maintenance to wife u/s 125 Cr.P.C. till date - Family Court rightly awarded maintenance of Rs.1,500 p.m to wife after presuming the income of husband @ Rs.5000 to 6000 pm...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree of divorce on ground by cruelty and desertion by wife - Wife not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor children - Admittedly, husband inherited 48 bighas of agricultural land after death of his mother - However, he transferred same in favour of his sister during pendency of litigation to avoid his liability to maintain his wife and children - Husband getting income from his land apart from his..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 18, 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintenance of wife is personal obligation of husband - Such an obligation cannot be satisfied from self-acquired property of parents of husband - During subsistence of marriage maintenance of married wife is personal obligation on part of husband -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Principle of res judicata - Not applicable to criminal proceeding including proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband not extended an opportunity of hearing - Court cannot permit bypassing remedy, as husband has remedy to move an appropriate application u/s 126 Cr.P.C. - Maintenance rightly awarded to wife...........
