Criminal Procedure Code, 1973, Section 125 -- Maintenance - Living in adultery - Wife left matrimonial home and living with her paramour in rented house - Landlord of house testified to this effect - Statement of daughter that her mother was leading an immoral life - Wife not willing to join her husband - Maintenance refused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to be pregnant at the time of marriage and this fact concealed by wife as such marriage alleged to be invalid - It was difficult to believe that woman who was five months pregnant could conceal pregnancy from husband - Husband cannot be said not in know of fact of pregnancy and cannot be heard to say..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Marriage - Prima facie no proof of marriage - Application for interim maintenance held rightly rejected - Question of marriage to be decided in the main application pending u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Compromise deed reduced in writing and filed by parties before Family Court - However, no decree passed in terms of compromise - Compromise cannot be enforced u/s 125(3) unless decree is passed by Family Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - As a normal rule maintenance to be granted from date of application unless there are justifiable reasons for departing from this normal rule due to which grant of maintenance may be from the subsequent date...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Illegitimate child is entitled to claim maintenance from man...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child attaining majority during pendency of proceedings - He is entitled to maintenance from the date of application to the date of attaining majority...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Recovery - Maintenance amount cannot be recovered by way of attachment of salary - Recourse can be taken to S.421 or other relevant provisions...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Separate living by mutual consent - Wife has no right to claim alimony from husband...........
Family Courts Act, 1984, Section 7, Criminal Procedure Code, 1973, Section 125 -- Separate living by mutual consent - Question as to whether said agreement can be treated as legal divorce comes in the domain of Family Courts Act and away from the jurisdiction of High Court...........
