Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged second marriage of husband - Wife filed a complaint u/s 494 IPC - Complaint dismissed and husband acquitted - The fact, however, remains in the instant case that the husband is living with another woman - Refusal to live with husband is justified - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unable to maintain herself - Proof - Statement of the wife that she is unable to maintain herself is enough and it would be for the husband to prove otherwise...........
Criminal Procedure Code, 1973, Section 125 -- Unable to maintain herself - Mean that means available to the deserted wife while she was living with the husband and would not take within itself the efforts made by the wife after the desertion to survive somehow...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Divorced Muslim woman - Claim of maintenance for child against Muslim father - Both under the Personal Law and the statutory law (Section 125 of the Cr.P.C.) the obligation of a Muslim father, having sufficient means, to maintain his minor..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non payment - Magistrate can impose imprisonment for one month or until the payment, if sooner made - Magistrate cannot order imprisonment for more than one month - For breach or non-compliance with the order of the Magistrate the wife can approach the Magistrate again for similar relief...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application for maintenance u/s 125 Cr.P.C. cannot be dismissed simply because it involves substantial question of civil nature e.g. validity of marriage, paternity of a child etc...........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C. are in the nature of civil proceedings - Though they are wholly governed by the procedure of the Code of Criminal Procedure, they are really of civil nature, but are dealt with summarily in a Criminal Court for the purpose of speedy disposal on grounds of convenience and social order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced wife - Consequent upon the decree of divorce, wife becomes entitled to claim maintenance so long as she remains unmarried and was not able to maintain herself - No specific words of neglect or refusal need be pleaded or proved in case of divorced wife...........
Criminal Procedure Code, 1973, Section 125 -- Father - Entitled to maintenance to a maximum amount of Rs.500/- per month from one or all of his sons - He cannot claim Rs.500/- from each son...........
Criminal Procedure Code, 1973, Section 125 -- A single act of unchastity will not disentitle the wife from claiming maintenance from her husband - `Living in adultery' denotes a continuous course of conduct and not isolated acts of immorality...........
