Criminal Procedure Code, 1973, Section 125 -- Maintenance - Liability of husband to pay - Held, husband cannot keep away his liability to maintain his wife who has no independent source of income on mere ground that she is living separately...........
Criminal Procedure Code, 1973, Section 125 -- Childless stepmother - Held, childless stepmother may claim maintenance from her stepson provided she is a widow or her husband, if living, is also incapable of supporting and maintaining her - Order of Magistrate granting interim maintenance of Rs.750/- P.M. upheld...........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Ex parte order - Specific remedy is provided in the Code for redressal of grievance - If remedy provided under the Code is not availed then power u/s 482 Cr.P.C not to be resorted to - On merits of case order awarding Rs.1,000/- to wife and Rs.200/- to each child not extravagant - No good ground to interfere..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Recovery - Limitation - Claim of arrears of maintenance is not barred by limitation because liability to pay maintenance is a continuing liability and S.125 of Cr.P.C is a measure of social legislation and it has to be construed liberally for the welfare and benefit of wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application dismissed in default - Restoration - Applicant was ill on the date fixed and her counsel was on strike as such no one pressed the revision and it was dismissed without any hearing - Held, case may be restored on showing sufficient cause - No error committed by Revisional Court in allowing restoration..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Muslim woman - Filing of petition - Applicability of S.125(3) Cr.P.C. - Held, S.125(3) of Cr.P.C. has no application in a case filed u/ss 3 and 4 of the Act as those provisions start with no, obstinate clause and basically for protecting..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement of - Court below has not considered the salary received by husband - Enhancement made by Court below is inadequate - Held, considering the entire circumstances, rise in inflation, cost of living and also considering the salary of husband, which keeps increasing every year by way of increment and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award from date of application - Validity - Applicant/wife is married wife of revisionist/opposite party whereas opposite party had contracted second marriage - Revisionist/opposite party had sufficient means to maintain his wife applicant - Court below had recorded a finding that wife is entitled for maintenance..........
Criminal Procedure Code, 1973, Section 125 -..........
Criminal Procedure Code, 1973, Section 125, 9, 19(4) - - Maintenance - Grant of - Non-compliance of mandatory provision of Cr.P.C. as also of the Act - Held, impugned order granting maintenance set aside - Matter remitted to Family Court for re-hearing and re-deciding the same afresh on basis of materials/evidence produced by parties...........
