Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been sacked from his job due to his default i.e. irregularity - He is not being disabled person cannot remain unemployed unless he chooses to remain so and this is his willful act/decision which does not come within the purview of not "having sufficient means" to maintain wife - Decision of..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to unmarried major daughter - S.125 Cr.P.C. does not have provisions for maintenance to a major daughter, even if she is unmarried...........
Criminal Procedure Code, 1973, Section 125, 127 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 146) - Maintenance to children - Enhancement of - Petitioners are legitimate children of respondents - They are not suffering from any physical or mental abnormality or injury so as to render them incapable to maintain - Petitioners were legally entitled for maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Maintenance amount must be determined in a balanced manner and it should be one that ensures adequate support for wife and child, while also taking into account husband's financial obligations of his liability towards Home Loan, his expenses and responsibility towards parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife made specific averments that she was compelled to leave matrimonial home because of ill treatment - Her testimony on said aspect has not been challenged since she was not cross-examined by husband - Moreover, husband did not adduce any evidence to support his assertions - Husband has failed to produce..........
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 to wife - Strict proof of marriage should not be a pre-condition for maintenance in cases where a man and woman have been living together as husband and wife for a reasonable long period of time...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Defence of son that there are other children to maintain mother and therefore he need not pay maintenance is not tenable in a petition filed u/s 125 Cr.P.C by mother against her son - Even if other children are not maintaining or even if they are taking any negative attitude, it is duty of son to look..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Mother was aged about 92 years at the time of filing application and now she reached the age of 100 years - It is duty of each son to look after his mother - Maintenance @ Rs.2000 rightly granted to mother...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - At the stage of interim maintenance, a detailed trial or adjudication on actual income is neither warranted nor possible - Prima facie assessment is to be made on basis of pleadings, affidavits and such material as may be available on record...........
