Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Proceedings u/s 125 Cr.P.C are summary in nature - No intricate questions of law and fact can be finally disposed of - It is sufficient if wife establishes that parties have been residing together as husband and wife and there was cohabitation then wife is entitled to maintenance...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 18 of Act of 1956 - Wife cannot be non suited on the ground that she already availed remedy u/s 125 Cr.P.C. - Neither provision of S.125 Cr.P.C. nor provision of S.18 of Act of 1956 prohibit applicant from availing both the remedies under said provisions of..........
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482 -- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts below - He..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - In proving a marriage in a proceeding u/s 125 Cr.P.C, standard of proof need not be so high as required in a criminal prosecution for bigamy...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proof of valid marriage - Strict standard of proof of marriage is not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case parties resided together..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C - Husband sought transfer of proceedings pending at Kanpur Nagar to Aligarh - Aligarh is convenient for wife who is admittedly residing at Delhi - Proceedings held, transferred from Kanpur Nagar to Aligarh - Application allowed...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to unmarried major daughter - Enhancement of - Application u/s 127 Cr.P.C for enhancement of maintenance filed after more than 4 years of decision of petition u/s 125 Cr.P.C - Circumstances have completely changed - Daughter is pursuing higher studies now - Taking into account the salary of petitioner and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is working as teacher in a private reputed school - Claim of wife for grant of maintenance pendente lite already considered in application filed by her u/s 24 of Hindu Marriage Act - Maintenance rightly denied to wife...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Application filed by grand mother - Maintainability - Grandmother is well regarded as a person having sufficient interest in person neglected to move the Court by an application u/s 125 Cr.P.C...........
