Criminal Procedure Code, 1973, Section 125 -- Wife living in adultery after divorce - Held, wife cannot be refused maintenance on the ground that she is living in adultery...........
Criminal Procedure Code, 1973, Section 125 -- Illegitimate child - Child born long after divorce - Held, such child is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement - Revisional Court cannot enhance the maintenance of his own when no revision is filed against the grant of maintenance...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Recovery - No attempt to realise amount on an earlier occasion by issuing warrant, u/s 421 or by filing application within one year from the date on which the amount became due - Realisation is not possible by sentencing to undergo imprisonment, u/s 125(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage denied - Paternity of children also denied - Ration card produced but not proved hence not relied - Voter's list proved - Children shown to be issues of petitioner in school certificate - No evidence in rebuttal - Children alone entitled to maintenance...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, Order 33, Rule 3 -- Interim maintenance - Permission to sue as an indigent person pending - Interim maintenance can be granted during pendency of application seeking permission to sue as an indigent person...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, Order 33, Rule 3 -- Interim maintenance - Marriage not disputed - Husband in good status at USA - Wife employed prior to marriage and made to leave job with promise to settle at USA - Husband not producing proof of his exact income - Giving only expenses and saving only 900 US..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband earning Rs.30-40 per day - Amount of Rs.500/- p.m. as maintenance awarded to wife - Not illegal...........
Criminal Procedure Code, 1973, Section 125, 127(2), Hindu Adoptions and Maintenance Act, 1956, Section 25 -- Variance of earlier order - Finding of civil Court that wife and children are not entitled to maintenance - Held, Criminal Court can vary its earlier order to grant maintenance - The orders of Civil Court have a bearing on the Criminal Court...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - Limitation - Amount for May, 1997 became due in June, 1997 - Application for recovery filed on 2.6.1998 - Order of recovery for payment from May, 1997 to May, 1998 is neither illegal nor perverse...........
