Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Qualified wife - Wife left her job on the very day of her marriage at the instance of husband - Husband by making wife to sacrifice her professional avenues by giving up her job way back in the year 2013, after passage of more than 9 years, cannot be now permitted to take the plea that wife is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Loss of job as portrayed by husband due to alleged reason of recovery proceedings qua maintenance against him, cannot be considered as a mitigating circumstance to free him of his obligation to maintain wife in compliance of impugned order of granting maintenance to wife, particularly when reason of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Averments of wife in petition u/s 125 Cr.P.C qua act of husband neglecting her have totally gone un-rebutted - Arguments advanced by husband regarding non-reading of pleadings and cross-examination of wife is wholly misconceived and is liable to be rejected - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Able bodied wife - It is first and foremost duty of wife to maintain herself especially when she is able bodied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband maintaining two minor children alongwith his old, aged mother - Husband doing private job in a factory and earning 6-7 thousand per month - Wife is able bodied but claims not working - Provision of S.125 Cr.P.C. cannot be permitted to be misused to allow able bodied wives to sit idly at home while..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Before proceeding ex parte, Magistrate is required to satisfy that person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service or willfully neglecting to attend the Court...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Mere knowledge of submission of maintenance case is not sufficient, but information about the date fixed by trial Court to petitioner is also required...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C should be decided summarily as per procedure prescribed under CPC by Family Court...........
