Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband married another lady during subsistence of first marriage and husband procreated three children from her - Reasonable cause for wife to live separate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is bound to provide maintenance allowance to his wife and children which may be upto 25% of his monthly income...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife is unable to maintain herself and two minor daughters - Husband on the other hand has sufficient means and is still neglecting to maintain them - There is thus, sufficient ground to enhance the maintenance amount - Wife is entitled to Rs.4000 pm as maintenance and Rs.3000 pm to each..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Paternity of child - DNA test - Husband admits his marriage with wife although it was argued that saptpadi was not done - However, same is not material at this stage - It cannot be said that marriage between parties is not a valid marriage - Wife is seeking DNA examination so as to..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband stated that he is receiving Rs.19,191 as salary - Nothing was shown by him that he was only person to maintain his family - Truthfulness of averments may find disposal when application filed u/s 125 Cr.P.C is decided - Maintenance @ Rs.6000 pm rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is suffering from various ailments - Irrespective of age and ailments from which husband may be suffering, since he is recipient of regular monthly income from various sources, he cannot be permitted to deny/neglect maintenance to wife who is not intentionally living..........
