Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Payment of school fees of child by husband would not mean that husband would not pay maintenance for the child for living, as payment of fee is all together different responsibility apart from husband paying maintenance to maintain a child and wife - Interim maintenance rightly granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Mere fact that mother is a working lady and she has her own income, that does not absolve father of his legal and moral responsibility to maintain his children - Father rightly directed to pay maintenance to children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If husband is healthy, able bodied and is in a position to support himself, he is under legal obligation to support his wife, as wife's right to receive maintenance u/s 125 Cr.P.C, unless disqualified, is an absolute right...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband deserted wife proved on record and because of mental and physical torture meted out to her, she was not ready to go and stay with husband - Husband admitted his monthly income as Rs.25,000 - Maintenance @ Rs.10,000 rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Decree of divorce granted on the ground of adultery - Maintenance was granted after parties ceased to husband and wife - Findings recorded during divorce proceedings would not affect the maintenance claim of divorced wife - Plea of husband that a divorced wife is not entitled to maintenance if she..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated and well qualified to earn an income is not sufficient to deny maintenance to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Once it was found that wife did not have any income, she was entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is incapable of earning something but her mother is sustaining her - Expenses paid by mother of wife cannot be used to defeat her claim because husband and not the mother is bound to maintain a legally wedded woman - Maintenance rightly granted to wife and child...........
