Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Maintenance should reflect not merely monthly income but the full financial capacity of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - Deductions reflected in husband's salary which would constitute deferred income that will accrue to him at a future date, cannot be excluded from the computation of his financial capacity while determining the wife's and minor child's entitlement to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife in her petition filed u/s 13 of Hindu Marriage Act herself stated that she is living with one person with whom she is seen in the photographs referred to earlier - Though there is denial by wife to the factum of her living in any kind of adulterous relationship, but no plausible..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If I.O. after filing the final report, obtains further oral or documentary evidence then only direction for further investigation can be passed - It is continuation of previous investigation...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Whenever, a Final Report is filed by police, Court has to issue a notice to the informant asking for an objection - If the objection is filed, then Court has to examine witnesses u/s 200 Cr.P.C. - Thereafter, Court has the liberty to take cognizance of the offences which are prima facie available in the said..........
Criminal Procedure Code, 1973, Section 340, Family Courts Act, 1984, Section 19(1) -- Order rejecting application u/s 340 Cr.P.C - Appeal u/s 19(1) of Family Courts Act is maintainable and appeal filed under provisions of Cr.P.C or BNSS would not be maintainable in view of non-obstante clause as per S.19(1) of Family Courts Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions made from the gross income of husband, which are on account of own volition cannot be permitted - However, statutory deductions, which are mandated by law and beyond the control of husband can be taken into account...........
