Criminal Procedure Code, 1973, Section 125 -- Neglect or refusal to maintain - Furnishes the cause of action or ground to claim maintenance - It can be express or implied - It may be inferred from the words or conduct - If husband does not care for wife and minor children it is a case of neglect or refusal to maintain wife and child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - It is not co-extensive with civil liability of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Allegation of husband that wife does not want to live with him - Held, when wife lived with husband so many times and out of that wedlock two daughters were born then allegation of husband is wrong and the case of wife that she was beaten so many times as such she does not want to live with husband appears to be..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance -Refusal by petitioner-wife to join the respondent-husband in compliance of decree for restitution of conjugal rights - Not proved that respondent turned her out of the matrimonial home or treated her with cruelty - Petitioner held not entitled to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Illegitimate child - Evidence by mother that the child for whom maintenance is claimed is result of the physical relationship of the petitioner - Denial by petitioner that respondent is his illegitimate daughter - Reliance by respondent mother on the copy of birth entry which was got done by herself - Held that..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - `Living in adultery' - Has to be continuous course of adulterous conduct - Stray instances of departure from virtue - Not sufficient to deny maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree for restitution of conjugal rights in favour of husband - Wife without justifiable reason not joining husband - Held, wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife must prove neglect and refusal on part of husband - Ill-treatment cannot be substantiated on basis of general allegations of wife in absence of details thereof...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Even on affidavits, interim maintenance can be granted...........
Criminal Procedure Code, 1973, Section 125 -- Family Court Rules, 1988, R.22 - Maintenance - Recovery - Dismissal of application - Restoration - Illness of father stated to be the reason but no documentary evidence produced - Held, it is not by itself sufficient to dismiss application for restoration - Although under Family Court Rules service is to be effected within six..........
