Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Unsuccessful attempt by husband in levelling disgusting accusations of unchastity entitles wife to live separately from husband and to claim maintenance from him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife lodged FIR against husband relating to torture and on investigation, prima facie evidence found against him for which charge sheet was submitted against him, which itself is a factor for wife to live separately from husband and to claim maintenance - It cannot be said that there was not sufficient..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband has no personal knowledge about involvement of wife in adultery, as he himself admitted that he came to know about said fact from village gentries - Even mother of wife deposed about the same, but no evidence on record to prove said fact - It cannot be said that husband has..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Home visit report of counselor to hold that wife was living with other person as his wife not proved - Notary certificate of marriage of wife with one `U' not a valid proof of marriage - Justifiable reason for wife to live separately from husband - Since wife has no sufficient means to maintain..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Marriage between husband and wife not legal as per Hindu Marriage Act, as husband entered into a `Sagai Vivah' with wife - Even both husband and wife are previously married and entered into a customary divorce, which is also not legal - Thereafter both entering into relationship with..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife duly explained the circumstances in her affidavit to show how she was always harassed, humiliated, tortured and even beaten by her husband - She was compelled to leave matrimonial home at the advance stage of pregnancy - Husband never visited parental house of wife to bring her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - No evidence on record to prove the factum of adultery by wife - However, husband on the other hand admitted his marriage with other woman and birth of four children from her - This alone furnishes sufficient ground for wife to live separately from husband - Wife entitled to maintenance -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Allegation of demand of dowry and cruelty by husband - Perusal of FIR and MLC report shows that there are criminal cases pending against husband - Wife justified to live separately - Wife is entitled to maintenance...........
Hindu Adoptions and Maintenance Act, 1956, Section 18(2) -- Maintenance to wife - Right to claim maintenance is not dependent upon conditions laid down u/s 18(2) of Act, as right to live separately from husband is separate, distinct and different than the right to claim maintenance...........
