Criminal Procedure Code, 1973, Section 125 -- Maintenance - Primary object of S.125 Cr.P.C. is to secure relief to deserted and destitute wife, discarded and neglected children and disabled and helpless parents and to ensure that no wife, child or parent is left beggared and destitute on scrap-heap of society so as to be tempted to commit crime or to tempt others to commit..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of husband that he had no income - Maintenance to wife is the obligation of husband and he cannot be permitted to plead that he is unable to maintain wife due to financial constraints as long as he is capable of earning...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of husband that he has no income - However, wife made specific averment with regard to capacity of husband - Onus shifts on husband to prove the fact that he had no income - Husband failed to bring on record his income tax returns and has not rebutted the averments with regard to his income - Mere..........
Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Permissibility - Provision of S.125 does not either permit or prohibit to grant interim maintenance - In the absence of any express bar or prohibition, provision cannot be interpreted as conferring power by necessary implication to make interim order of maintenance subject to final outcome in application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Word `his' appearing in S.125(1)(b) Cr.P.C., would encompass both male and female...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Claim against mother - If for certain reasons, father who is alive and is unable to maintain the minor child due to his financial constraints, mother who has means to maintain the child cannot escape from her responsibilities to maintain the children and leave them in lurch...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Claim against mother - Mother equally responsible to maintain her children though in the custody of father - She can be asked to contribute reasonable amount towards welfare and maintenance of her children - Mother herself admitted that her gross salary is Rs.10,000 p.m - However, father not disclosed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced Muslim Wife - Application u/s 125 Cr.P.C. is maintainable on behalf of divorced Muslim woman till she remarries...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced Muslim Wife - Application u/s 125 Cr.P.C. is maintainable on behalf of divorced Muslim woman till she remarries...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to parents - Liability of married daughter - Parents can claim maintenance from her daughter, if she is having sufficient means, irrespective of the fact whether she is married or unmarried...........
