Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband maintaining two minor children alongwith his old, aged mother - Husband doing private job in a factory and earning 6-7 thousand per month - Wife is able bodied but claims not working - Provision of S.125 Cr.P.C. cannot be permitted to be misused to allow able bodied wives to sit idly at home while..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Before proceeding ex parte, Magistrate is required to satisfy that person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service or willfully neglecting to attend the Court...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Mere knowledge of submission of maintenance case is not sufficient, but information about the date fixed by trial Court to petitioner is also required...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C should be decided summarily as per procedure prescribed under CPC by Family Court...........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Inability to furnish local surety - Accused has been in actual custody for seven years and one month out of sentence of 10 years imposed - It would be a travesty of justice if accused is unable to secure the benefit of bail order for his inability to furnish local surety - This will infringe the rights..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Father of deceased except stating that accused has been harassing and beating deceased and was a alcoholic and also involved in an illicit relationship with a woman, nothing stated that he had provoked, incited and induced deceased to commit suicide - Accused is..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witnesses recorded u/s 161 Cr.P.C. one month after date of incident - Delay weighed heavily against prosecution to infer the possibility of these witnesses being planted witnesses...........
