Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Once marriage inter-se husband and wife is not in dispute, rather stands admitted by husband as well as in-laws, wife being legally wedded wife of husband is entitled to seek maintenance under the Act, subject to her proving domestic violence, if any, committed..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Wife successfully proved on record that husband as well as her in-laws repeatedly tortured her physically and mentally for bringing less dowry - She also proved that she was given beatings by husband as well as her in laws - Husband is working in Indian Army and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When wife discontinued her job due to marital obligations as well as compulsions than she is entitled to get maintenance from husband who is in well paid profession, till she again get the job of sufficient income to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere fact that wife is earning is not a valid ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Application for enhancement of maintenance can be made upon a change in circumstances...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband is employed as a Professor - Salary of husband increased to approximately Rs.75,000 from Rs.70,000 - He does not have any other substantial liabilities, as his mother is a retired government employee and a pensioner, his father is self-sustaining and his sister is also employed -..........
Criminal Procedure Code, 1973, Section 340, 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.379, 144) - Perjury - Proceedings u/s 125 Cr.P.C. - Merely because wife exaggerated the income of her husband in order to claim maintenance u/s 125 Cr.P.C., it does not mean that such a statement on the part of wife warrants action u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Merely because husband has certain familial obligations would not absolve him of his primary responsibility to maintain his legally wedded wife...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere earning of wife does not disentitle her from maintenance - Decisive test is whether such income is sufficient to enable her to maintain herself with dignity...........
