Criminal Procedure Code, 1973, Section 125 -- First Proviso - Maintenance - allowed from the date of application - can be recovered if execution for recovery is filed within one year from the date of order...........
Criminal Procedure Code, 1973, Section 125 -- Second wife, whose marriage is void on account of the survival of first marriage is not entitled to maintenance Burden of proof is on the husband regarding subsistence of legal and valid marriage - Insurance policy where nominae is the first wife and the family identity card issued by Road Transport Corporation, are not..........
Criminal Procedure Code, 1973, Section 125 -- Keeping a woman in the house as concubine - Wife is entitled to separate residence and maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Second marriage - Sufficient ground for award of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Wife living separately with consent - Under Section 125 Cr.P.C. maintenance cannot be refused even if it may be the case of presumed consent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ordinarily it is payable from the date of application - No party should be put to a disadvantage only because the delay which has occurred on account of the fact that the Court could not decide the application earlier...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance, if any paid, is adjustable against the amount finally allowed by Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - It includes expenses for good, clothing, residence, medical, educational and other such incidental expenses - In awarding maintenance besides considering income of the respondent due weightage is to be given to his capacity to earn and potentiality for earning...........
Criminal Procedure Code, 1973, Section 125 -- Quantum of maintenance - Factors to be considered are (1) The earnings of the person bound to provide maintenance or his capacity to earn (2) The status of the parties (3) The basic requirement of the person entitled to maintenance (4) The liabilities on the part of the person to provide maintenance (5) Independent source of..........
Criminal Procedure Code, 1973, Section 125 -- The expression `mother' includes a step mother - Mother cannot be compelled to first proceed against her natural sons or to proceed against sons who are in an affluent position - It is the right of the mother to claim maintenance from all or any of them...........
