Criminal Procedure Code, 1973, Section 125(1)(a) -- Maintenance - Explanation (b) to ,S. 125(1) - Marriage - Proof - Wherever status is in dispute, proof of formal solemnization of marriage in accordance with personal law has to be insisted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ascertainment of strict legal relationship for purpose of mere avoidance of vagrancy is not legally necessary - S.125, CrPC is not concerned with declaration of status...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Liability is only on husband to maintain his wife - Liability is not on `spouse' having sufficient means to maintain other spouse unable to maintain himself/herself - Woman cannot be made liable to maintain her spouse u/s 125 CrPC...........
Criminal Procedure Code, 1973, Section 125(1)(a) -- (1) 'Wife' - Explanation (b) to ,S. 125 - Illegitimate, non formal or de facto wives are not included within the sweep of S.125, CrPC...........
Criminal Procedure Code, 1973, Section 125(1)(a) -- Maintenance - Explanation (b) to ,S. 125(1) - Wives belonging to other religious denominations whose voidable marriages have been annulled by decree of Court shall fall within the inclusive definition of 'wife' in explanation (b) to S.125, CrPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage not proved - Wife not entitled to maintenance - However, it appears from evidence that child was born when applicant and respondent resided together for sometime - Child born out of such invalid marriage is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Settlement - Divorce by mutual consent - Husband and wife executed settlement deed and got duly registered the same - As per terms of settlement after divorce wife shall not claim any maintenance through rest of her life - Divorce taken by mutual consent - After divorce wife filed application for interim..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Settlement - Divorce by mutual consent - Husband and wife executed settlement deed and got duly registered the same - As per terms of settlement after divorce wife shall not claim any maintenance through rest of her life - Divorce taken by mutual consent - After divorce wife filed application for interim..........
Criminal Procedure Code, 1973, Section 125,128,421 -- Maintenance - Enforcing order of maintenance - Remedy by way of issuing a distress warrant is a pre requisite to enforce an order for maintenance against a defaulter husband so as to issue warrant in order to commit him to jail...........
Criminal Procedure Code, 1973, Section 125,128,421 -- Maintenance - Enforcing order of maintenance - Wife and children residing in house belonging to husband - Husband cannot contend that before proceeding to execute the order personally against him, house should be sold first...........
