Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Order passed in proceedings u/s 125 Cr.P.C. does not finally determine the right and obligations of the parties for which a civil suit has to be filed - Provision of S.125 Cr.P.C. is enacted with a view to provide summary remedy for maintenance to a wife, children and parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - To realise the amount of maintenance property of husband alone can be attached and not that of any other person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C. can be decided by inviting affidavits of wife and witnesses and giving opportunity to husband to cross examine the deponents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage - Marriage during subsistence of first marriage - No evidence produced by husband that his first marriage was held strictly in accordance with Saptpadi or in accordance with the traditions of his community or that his first wife was alive at the time of the second marriage - Factum of first..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - For grant of maintenance potential earning capacity of a wife not to be taken into consideration - Only thing which has to be considered is whether she is earning or not to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband keeping wife at his house but neglecting her - Wife is entitled to maintenance even if she is residing in her husband's house...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parents - Living with another son - Parents can claim maintenance from a son having income though living with another son - When parents have more than one son they can claim maintenance from any son - Question of non-discharge of parents obligation cannot be raised to contest maintenance application u/s 125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Fact of subsistence of first marriage brought to the notice of the petitioner before her marriage must be pleaded and proved - Plea not available in absence of pleading and proof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 Cr.P.C. are quasi civil proceedings - Parties are bound by their pleadings - Plea beyond pleadings not permissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Such fact must be pleaded - Proof beyond pleading not permissible - Husband to prove that his marriage with the alleged first wife was strictly in accordance with the religious rituals and that at the time of his marriage with the petitioner, the first wife..........
