Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings u/s 125 Cr.P.C are primarily civil in nature and summary proceedings and strict rules, rules of evidence are not applied by Courts in summary proceedings - Impugned order of rejection of application by Court below taking hyper technical approach that marriage of husband with wife has not been..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave her matrimonial home, as husband used to harass wife mentally and physically - If wife has sufficient reason to live separately, she cannot be denied maintenance u/s 125 Cr.P.C. - Maintenance @ Rs.4000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Where the personal income of wife is insufficient she can claim maintenance u/s 125 Cr.P.C - Test is whether wife is in a position to maintain herself in the way she was used to in the place of her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able bodied and has educational qualifications...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
