Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children and cannot contend that he is not in a position to earn sufficiently to maintain his family...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his control...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If the husband does not disclose the exact amount of his income, an adverse inference may be drawn by Court...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Non-compliance of decree of restitution of conjugal rights by wife - Wife's right to maintenance u/s 125 Cr.P.C. would not attract disqualification by mere passing of a decree for restitution of conjugal rights at the husband's behest and non-compliance therewith by wife - It would depend on the facts..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Whether civil or criminal - Even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify or become criminal proceedings - Nomenclature of maintenance proceedings initiated under Cr.P.C, as those..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Non-compliance of decree of restitution of conjugal rights by wife - Conduct of husband in completely ignoring his wife after she suffered miscarriage of their child would have been the proverbial last straw adding to her suffering due to ill-treatment in her matrimonial home - She, therefore, had just..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When character of wife is doubted by husband without any proof, she has enough reason to live separately from her husband - Hence, plea of husband about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband admittedly claims himself to have been working as skilled labourer in a Company and his monthly income was Rs.9,000 P.M - Wife who is unable to maintain herself is thus, entitled to be maintained commensurate to the standard of living of her husband - Maintenance @ Rs.3,000 rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Arrears of maintenance - Have preferential right over the assets of the husband, over and above, the rights of a secured creditor or similar right holders, under any recovery proceedings - Wherever such proceedings are pending, that forum is directed to ensure that arrears of maintenance, are released forthwith -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
