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..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Expression `unable to maintain herself' does not mean that wife must be in a state of penury...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Even if wife is capable to earn or is earning something, it does not disentitle her from claiming maintenance from her husband...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earning wife - Wife's temporary job, even if it provides some income, would not disentitle her to claim maintenance from her husband if she asserts that said income is insufficient for her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Right of wife to claim maintenance from her husband who has sufficient means is not absolute - It is subject to S.125(4) Cr.P.C. - Wife who chooses to live separately without sufficient reason is disentitled to get maintenance under S.125(4) Cr.P.C - It..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earning wife - No evidence on record to show that wife is actually employed as a tailor and earns income out of it for her livelihood - Mere fact that in marriage certificate, occupation of wife is shown as tailor and she has taken membership in tailors..........
