Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Maintenance to minor children by father - Held, S.3(1)(b) of the 1986 Act does not in any way affect the rights of the minor children of divorced Muslim parents to claim maintenance from their father under Section 125 Cr.P.C. till they..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Provisions of S.125 and S.3(1)(b) of 1986 Act apply and cover different situations - No conflict between the two...........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Petitioner challenging the relationship with respondent - As not legally wedded wife - Concurrent finding of a fact in respect of relationship of petitioner by trial court by Additional Sessions Judge in revision - Held that a back door entry can hardly be permitted by taking shelter under Section 482 of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living in one room of house of her husband - Husband neglecting and not performing marital obligations - No evidence that wife ever refused to fulfil her marital obligations - Contention of husband that he was having income less than Rs.1000/- p.m. - These days even a labourer normally earns about Rs.1200/-..........
Criminal Procedure Code, 1973, Section 125, 401 -- Maintenance - Respondent pleaded in written statement that petitioner was earlier married to `B'- Petitioner neither filing replication admitting marriage nor pleading that as per customs prevalent in her community she has obtained divorce from `B' - Held that the burden was not on the respondent to prove that her earlier..........
Criminal Procedure Code, 1973, Section 125 -- Adultery - Sporadic instances of sexual relationship with a person other than husband would not amount to 'living in adultery' - The expression 'living in adultery' in S.125 Cr.P.C. connotes a wife living perpetually or semi-perpetually as a wife with a male other than her husband and having sexual relationship with him...........
Criminal Procedure Code, 1973, Section 125 -- Adultery - A wife who is occasionally guilty of committing adultery does not forfeit her claim for maintenance under S.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Marriage - Proof - Marriage performed when both were infants - Husband denying marriage - Granthi who performed the marriage died - Marriage proved on basis of Votes list, Bahi (record) of Shaguns and oral evidence of witnesses...........
Criminal Procedure Code, 1973, Section 125 -- Marriage - Proof - Voters list - Petitioner recorded to be wife of the respondent - The petitioner is a resident of another village and unless she was married to the respondent, such a voters list will not come into being in village of the respondent...........
Criminal Procedure Code, 1973, Section 125 -- Marriage - Performed when both were infants - Marriage performed in violation of S.5(iii) of Hindu Marriage Act is not void but voidable - They could be prosecuted - Husband to pay maintenance allowance...........
