Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Service of summons at the address where parties last resided - However, parents of husband informed process server that husband had shifted to place at `C' and also gave the address of husband - Court also issued summons at the address at place `C' - After repeated summons sent to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by husband - Husband is not entitled to claim maintenance from wife u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Legally wedded wife - Petitioner is only a kept mistress of first respondent - First respondent was having legally wedded wife before developing contacts with petitioner - Petitioner not legally wedded wife of first respondent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by husband - Husband is not entitled to claim maintenance from wife u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Legally wedded wife - Petitioner is only a kept mistress of first respondent - First respondent was having legally wedded wife before developing contacts with petitioner - Petitioner not legally wedded wife of first respondent...........
Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Waiving of right of maintenance by agreement - Not permissible, as such agreement is unenforceable and claim of maintenance cannot be rejected on basis of such agreement...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 114 -- Maintenance - Denial of relationship of husband and wife - Son born out of such relationship - Wife moved application for DNA test for determining paternity of son - Husband disagreed for DNA test and opposed the application - Adverse inference drawn against husband - Court below rightly granted..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to daughter - Awarded from date of application - Express order is necessary - However, no special reasons are required to be recorded by Court as no such requirement can be read in S.125(1) Cr.P.C. in absence of express provision to that effect...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non-payment - Imprisonment - Maximum period for which a person against whom realisation of arrears of maintenance amount is due is taken into custody can be for a period of one month and not beyond that - It can be less than one month if payment is made prior to the completion of one month in custody...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Interim maintenance - Cannot be denied on the ground that an ex parte decree u/s 9 of Hindu Marriage Act is passed against wife...........
