Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of customary divorce - Document regarding customary divorce not registered and does not reveal the customs as required to be followed in concerned community of litigating sides - Said document is of no probative value - Even otherwise, a divorced wife has a right to seek maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage between a Christian and a Hindu performed as per Hindu rites with full consent of both parties cannot be said to be invalid for the purposes of claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - A month's imprisonment for every month's default is maximum penalty u/s 125(3) Cr.P.C., not a maximum of a month's imprisonment for total default - However, a month's imprisonment for every default is not the rule and sentencing cannot be mechanical - Court has to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Adultery - Has to be continuous affair and one or two instance would not disentitle a wife to maintenance contemplated u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Family Court can execute an order of maintenance passed by Magistrate u/s 125(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Family Court can execute an order of maintenance passed by Magistrate u/s 125(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied merely on the ground that wife was proceeded ex-parte in petition u/s 9 of Hindu Marriage Act - However, an application for setting aside ex parte decree was filed by wife and matter is still pending - Court wrongly disallowed maintenance to wife - Order of maintenance to wife as awarded by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Suppression of material facts - A person who suppresses material facts is not entitled to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Provision of S.127 Cr.P.C. is not independent and is always subject to the provision of S.125 Cr.P.C. and if a person ceases to be entitled to receive maintenance u/s 125 Cr.P.C., he cannot seek an order of enhancement u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Permissibility - If a child whether legitimate or illegitimate has attained majority as per Majority Act and is not suffering by any physical or mental abnormality or injury, thereby unable to maintain itself, would not be entitled to receive maintenance u/s 125 Cr.P.C...........
