Criminal Procedure Code, 1973, Section 125 -- `Legitimate and illegitimate child' - In the absence of any definition or explanation words `legitimate and illegitimate child' also include a step child, that word would have to be given its natural meaning - Step daughter is not a illegitimate child but a daughter of one's spouse born through another spouse thus cannot be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - S.125 Cr.P.C. contemplates blood relation which gives rise to moral and legal obligation to maintain a person - Children of another have not been mentioned in entire S.125 Cr.P.C. nor any right has been conferred on them to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Husband failed to place on record any material/evidence regarding income of wife from her vocation as beautician - Husband on the other side gainfully employed with Rajya Sabha secretariat - Net salary of husband is Rs.37,415 p.m - No anomaly with assessment regarding quantum of maintenance of Rs.6,000..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Awarding from date of application - Order must be supported by reasons - When unnecessary delay or misusing process of Court is caused by person against whom order of maintenance is to be passed then maintenance can be granted from date of application but only after recording specific reasons...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband is duty bound to maintain his wife, even without having any independent source of income...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband pleaded that he is not in a position to earn anything as he is suffering from mental ailment and he himself is dependent upon his father - Plea rejected as no evidence on record regarding mental ailment of husband - More so, father of husband is having land and husband being a son has a right on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Limitation is not applicable to proceedings u/s 125 Cr.P.C., as it is a continuing right - When statue has not prohibited wife to claim maintenance within any period of limitation, husband not entitled to plead that his wife has waived her right to claim maintenance due to long lapse of 34 years under changed..........
Criminal Procedure Code, 1973, Section 125(1) -- Explanation (b) - Maintenance - Divorced wife is entitled to maintenance, if she is unable to maintain herself and has not remarried...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife unable to maintain herself - Whereas, husband is the person of sufficient means and getting pension of Rs.36,391 p.m after retirement - Looking to the cost of living, standard of living, age of wife and her medical needs amount of Rs.1,500 p.m as granted by Family Court cannot be said to be reasonable amount..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 21, Legal Services Authorities Act, 1987, Section 21, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 12 of Act of 2005 - Matter referred to Lok Adalat - Award passed by Lok Adalat - Award passed by Lok Adalat on a reference made by Criminal Court is deemed to be an order passed by Criminal..........
