Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parents are entitled to claim maintenance from their married or unmarried daughter provided father or mother is unable to maintain himself or herself - However, when claim is made from a married daughter, Court should be satisfied that married daughter has got sufficient means of her own, independently of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of her first marriage - Claim of maintenance from second husband - Second marriage is void u/s 11 of Hindu Marriage Act - There is no dispute between parties as regards the existence or validity of first marriage of wife - Second husband not required to seek formal..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from the date of order of if so ordered, from the date of application - Express order is required to be passed in case maintenance is granted from the date of application - However, no special reasons required to be assigned for granting maintenance from the date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from the date of order or if so ordered, from the date of application - Express order is required to be passed in case maintenance is granted from the date of application - However, no special reasons required to be assigned for granting maintenance from the date of application...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 12(1)(a) -- Maintenance - When marriage is annulled or declared null and void due to some mischief or wrong committed by husband, he will have to pay maintenance u/s 125 of Cr.P.C. despite declaration of nullity or annulment of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rape victim giving birth to child - Acquittal in rape case - Held, acquittal in rape case does not absolve petitioner from the liability to pay maintenance to his son, if it is otherwise proved that claimant is in fact his son...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rape victim giving birth to child - Proof of paternity - Petitioner did not consent for DNA test - Petitioner did not make effective denial of specific instance of intercourse - Total denial, evasively or casually, without making specifically a definite denial of the specific instance of intercourse in which the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant or refusal - Magistrate should record reasons - Maintenance can be awarded from the date of order or from the date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by Court...........
Criminal Procedure Code, 1973, Section 125, 354(6) -- Maintenance - Application for grant of maintenance decided by Family Court after 9 years - Most of the time husband had taken adjournments and sometimes Court dealt with matter showing total laxity - Held, Family Judge is expected to be sensitive to issues as he is dealing with extremely delicate and sensitive issues..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A divorced Muslim wife is entitled to claim maintenance from her husband u/s 125 Cr.P.C. even after expiry of period of Iddat as long as she does not remarry - Amount of maintenance u/s 125 Cr.P.C. cannot be restricted for the Iddat period only...........
