Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Determination of income of husband - Deductions - Availing of loans by husband and its repayment and payment towards insurance premium, GPF, SLI, etc. are to be reckoned as personal savings and shall not be reduced from actual income to quantify amount of maintenance - Moreover, showing some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Criminal Procedure Code, 1973, Section 340 -- Once main case stood compounded, initiation of action on an application filed by a stranger, who had no nexus with original case could not justify continuation of proceedings u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. should not be started casually - Such action can be taken only when Court finds that it is necessary in the interest of justice and that there is some clear material showing an offence which affects the administration of justice...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, 28, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 18 to 23 PWDV Act - Execution of orders - Magistrate was required to abide by provisions of S.125(3) Cr.P.C for securing compliance of orders passed u/ss 12, 18 to 23 PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Framing points for determination is mandatory - Order of maintenance to contain the point or points for determination, decision thereon and reasons for the decision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - May be granted upto 25% of the husband's net income...........
Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
