Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere possession of qualification by wife, who is admittedly not gainfully employed, cannot be a ground to deny or reduce the quantum of maintenance allowance required to be accorded to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two daughters - Husband was earning a gross salary of Rs.82095 pm - Maintenance @ Rs.15,000 pm to wife and children is on lower side - Wife deserves to live as per standard in accordance with emoluments of husband - Moreover, two daughters are of growing age and would definitely require expenses for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance to her cannot be denied on the mere ground that she is educated...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Payment of school fees of child by husband would not mean that husband would not pay maintenance for the child for living, as payment of fee is all together different responsibility apart from husband paying maintenance to maintain a child and wife - Interim maintenance rightly granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If husband is healthy, able bodied and is in a position to support himself, he is under legal obligation to support his wife, as wife's right to receive maintenance u/s 125 Cr.P.C, unless disqualified, is an absolute right...........
