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..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Wife is living separately from husband - She had deposed that from March 2009 onwards, they did not have any sexual intercourse - This positive evidence given by wife was not successfully challenged in cross-examination - These instances are sufficient to..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife and children - Husband is a tailor by profession and he runs his own tailoring shop and earns a substantial income - However, according to husband, he is employed as a tailor in a tailoring shop and earns only Rs.750 per day - Husband has produced salary..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of PWs - Cross-examination is statutory right of accused - Unless and until said opportunity is provided to accused, he would not be in a position to put defence in a proper way - For conducting a fair trial, proper opportunity is required to be given to accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power vested under provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under Cr.P.C for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) -- (Criminal Procedure Code, 1973, S.41-A) - Notice of appearance before police officer - S.35 does not empower police to summon or question a person without registering any case against him - It only specifies circumstances under which a Police Officer may arrest a person without a warrant...........
