Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of consideration of interim maintenance, Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively - Court is only required to examine on a prima facie basis, whether spouse and minor child seeking maintenance are..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Mere fact that one child is in custody of husband cannot by itself, be a ground to absolve him of his obligation to maintain wife and minor child residing with her...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 425 -- (Criminal Procedure Code, 1973, S.384) - Appeal against conviction - Dismissed in default - Appeal cannot be dismissed in default on account of absence of counsel for accused and same can be decided only on merits...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere filing of a petition for restitution of conjugal rights by husband would not by itself, be sufficient to attract disqualification u/s 125(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Statutory right of wife to maintenance cannot be permitted to be parted away and infringed by setting up a case that she had capacity to earn - Neither mere potential to earn nor actual earning, howsoever meager it may be, is sufficient to deny claim of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor child - Gross salary of husband is Rs.48,350 - Wife could have capacity to earn from tailoring, which may not be sufficient to support livelihood of wife and afford her to maintain the same standard of living which she will get if she was residing with husband - She is entitled to maintenance from..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court must avoid usurping the function of a trial Court or conducting a mini-trial when disputed factual questions attend maintainability of a complaint - Only requirement is to examine whether uncontroverted allegations as contained in the FIR taken at their face value disclose the commission of..........
