Criminal Procedure Code, 1973, Section 125 -- Maintenance - Well educated wife - Wife can support herself financially by doing a suitable job - Wife was doing job earlier - Wife was jobless at the time of filing of application for grant of maintenance but she was having definite prospect to work and earn her livelihood - Taking into consideration that husband has a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties - Plea of wife that husband caused cruelty due to non fulfillment of dowry demand - Court cannot presume that a second marriage of both the parties would necessarily entail no dowry demand...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - S.125(2) Cr.P.C empowers Court to award maintenance from date of order but same has to be justified in the background of attendant facts and circumstances and should not cause unnecessary hardship to applicant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Right to maintenance u/s 125 Cr.P.C is not a benefit received by a wife but rather a legal and moral duty owed by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to prove the fact that she is a legally wedded wife of husband - She did not produce any independent witness to fortify fact of marriage solemnized between her and husband - Wife produced documents containing her photographs, however, in document name of other woman mentioned in the document as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to parents - Liability of son - If an age old father or mother somehow manages to maintain themselves with financial support of relatives or friends, that will not absolve the liability of children to provide maintenance to them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of son - Mere fact that father gets some income from others to support himself and his second wife cannot be reckoned as a ground to deny the maintenance to him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of sons - Nothing on record to show that father is having any business along with his brother abroad and he is getting income from said business, apart from mere allegations in the counter statement filed by respondents/sons - Respondents on the other hand are well employed at Gulf and earning..........
