Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition precedent for awarding any relief under the said provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Desertion - Wife in her application clearly stated that after marriage, petitioner-husband and his family members started torturing her mentally and physically for bringing less dowry - They also abused her and gave beating to her - Thus, she left her matrimonial home along with her minor son and has no means of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Impleadment application by mother and brother of husband - If both the applicants have any grievance regarding their rights in any of the property, they can avail of their remedy in accordance with law - Applicants not necessary parties in the lis which pertains to proceedings initiated u/s 125 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex-parte judgment or decree u/s 9 of Hindu Marriage Act, cannot be relied within the ambit of S.125(5) Cr.P.C. to deny maintenance to wife...........
