Criminal Procedure Code, 1973, Section 125 -- Maintenance - In Family card issued by Civil Defence Authorities & Identity card issued by Election Commission and voters list respondent shown as wife of petitioner - Order of maintenance granting Rs.500/- per month is not liable to be interfered with...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Delay in disposal of application - Invocation of jurisdiction of High Court under Article 227 of Constitution of India - If convinced that deserted woman was on verge of destitution, High Court itself has jurisdiction to direct suitable amount of maintenance being awarded and to secure compliance with its..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage in dispute - Strict proof of marriage is not required in proceedings u/s 125 Cr.P.C. - However when marriage is in dispute some evidence must be led by wife to show that some rituals of marriage had been performed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage in dispute - It must be proved that some rituals of marriage had been performed - Witnesses stating that marriage took place but not stating any rituals that had taken place - Marriage not proved - In absence of proof of marriage maintenance cannot be granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Husband imprisoned - That by itself does not make the execution application bad or not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Husband imprisoned - Execution application cannot be dismissed merely for this reason - If execution application includes the maintenance for the period for which husband was sent to jail then an order for attachment of property for the amount for which he was imprisoned can be passed and he can be..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife deserted - Wife unable to maintain herself - Interim maintenance of Rs.1000/- granted - Amount is not excessive...........
Criminal Procedure Code, 1973, Section 125 -- Execution - Maintenance order - No warrant can be issued for recovery of dues unless application therefor is made within one year from date on which it became due...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amount of maintenance claimed even if not mentioned in application, amount payable as maintenance is supposed to be determined by Magistrate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance awarded - Wife remarried after divorce - Held, wife is entitled to recover maintenance arrears till she entered into second marriage...........