Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Order directing interim maintenance to wife is only an interlocutory order, as rights and liabilities of parties have not attained finality - Order granting maintenance is proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere possession of qualification by wife, who is admittedly not gainfully employed, cannot be a ground to deny or reduce the quantum of maintenance allowance required to be accorded to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two daughters - Husband was earning a gross salary of Rs.82095 pm - Maintenance @ Rs.15,000 pm to wife and children is on lower side - Wife deserves to live as per standard in accordance with emoluments of husband - Moreover, two daughters are of growing age and would definitely require expenses for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Where Family Court has jurisdiction to decide a case u/s 125 Cr.P.C. as well as suit u/s 20 of 1956 Act, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant..........
Criminal Procedure Code, 1973, Section 125(1)(c) -- Maintenance to major unmarried daughter - An unmarried daughter even though she has attained majority is entitled for maintenance by virtue of S.125(1)(c) Cr.P.C, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain itself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance to her cannot be denied on the mere ground that she is educated...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of interim maintenance Court cannot hold a threadbare trial to go into every micro detail...........