Criminal Procedure Code, 1973, Section 125 -- Maintenance - Liability to pay maintenance u/s 125 Cr.P.C. is a continuing liability and does not get extinguished - Claim of wife for grant of maintenance for the period which may be beyond the period of one year from the date of filing of her petition, held, maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - If husband takes a plea that marriage with applicant wife is void due to existence of his earlier marriage with another lady the burden of proof of earlier marriage is on the husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of wife - If father of wife deposited some amount in the name of his daughter, who has no source of income, said amount cannot be considered to be her income...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of maintenance more than demand - There is no such restriction in the provision - It is duty of Magistrate to award maintenance which is reasonable - Proceedings u/s 125 Cr.P.C. are summary proceedings and strict law of pleading is not applicable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revision is maintainable against order passed u/s 125 Cr.P.C. - However, revision filed describing it as appeal - Sessions Judge is well within its right to entertain revision against order of trial Court for grant of maintenance - Technicalities cannot be impediment in dispensing with the real justice between..........
Criminal Procedure Code, 1973, Section 125, 354(6) -- Maintenance - Court can grant maintenance either from date of order or from date of application - As per S.354(6) Cr.P.C. Court should record reasons in support of order passed by it, in both eventualities...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - For awarding maintenance from date of application, express order is necessary...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Appellant wife had worked before marriage and had not done so during her marriage - There is no evidence of her income during the period the parties lived as man and wife - Held, circumstances justify grant of maintenance from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
