Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Validity - Income tax returns reveal that wife has monthly income ranging between Rs.11,000/- to Rs.13,000/- P.M. - However, income certificate of husband issued by employer showing monthly salary of Rs.3,000/- - Held, enhancing monthly maintenance of wife from Rs.400/- to Rs.3,500/- not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contended that he is addicted to alcohol & has no source of income - Only inference that can be drawn from such a stand is that he is not willing to maintain his wife - Wife on the other hand also supporting a daughter born out of wedlock & who is of marriageable age - No documentary proof as regards..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Legally permissible - Decision of co-ordinate Bench of Calcutta High Court relied on which is binding in preference to contrary decisions of other High Court which have only persuasive value...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Wife was harassed and tortured on account of no, fulfillment of demand of dowry, hence, was living separately from her husband - She was unable to maintain herself and her minor daughter - Husband was earning Rs.5,753/- P.M. - No document placed on record to show that wife obtained some kind of job -..........
Criminal Procedure Code, 1973, Section 125(4) -- Adultery - Maintenance - Evidence on record proves that wife is living in adultery - Held, when she is living in adultery she is not entitled to get any amount towards maintenance...........
Criminal Procedure Code, 1973, Section 125, 127 -- Enhancement of maintenance - Maintenance of Rs.1,000/- allowed in the year 2003 when salary of husband was Rs.13,289/- - Salary of husband in the year 2007 increased to Rs.17,395/- - Enhancement of maintenance from Rs.1,000/- to Rs.2,000/- p.m. upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amount of - There is no documentary evidence on record qua income of husband - Trial Court awarded maintenance @ Rs.3500/- P.M. to wife and Rs.1500/- P.M. to minor daughter - Held, said amount of maintenance allowed cannot be said high in these days of higher prices - Further, said amount is also not liable to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to be living in adultery `with some person' but that person not pin pointed and even whereabouts of that person not disclosed - There was no inkling of his identity - No evidence to substantiate the allegation of adultery against wife - Impugned order declining maintenance set aside - Matter remitted..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife once proved to be unable to maintain herself and husband having sufficient means, neglected and refused to maintain wife and son who were unable to maintain themselves, held, they are entitled to maintenance...........
