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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Petitioner/son is running a grocery shop in the village and other sons are daily wagers - Father is aged about 80 years and neglected by all the sons - Order directing petitioner to pay sum of Rs.3000 pm to father and other sons to pay a sum of Rs.1,500 each is proper...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Family Court granted interim maintenance to wife without seeking affidavits of assets and liabilities from rival parties - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Order allowing interim maintenance set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Proceedings initiated u/s 125 Cr.P.C are summary in nature - Findings in these proceedings do not have a binding effect on any other civil or criminal Court...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2) -- Order granting maintenance - Execution - Jurisdiction of Family Court - Family Court had complete jurisdiction to entertain the execution application even though order granting maintenance was passed by Magistrate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deduction made from the income of husband, which are on account of own volition of husband, cannot be permitted - It is only the statutory deductions, which are mandated by law and beyond the control of husband which can be taken into account...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cannot be based on exact arithmetical calculations, as interim maintenance is only tentative and is subject to fixation to final maintenance...........
