Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance to wife - Husband cannot be absolved from paying arrears of maintenance due towards wife even if at times their daughter is taking care of wife - It is the legal and moral duty of husband to maintain his wife - Maintenance @ Rs.10,000 pm rightly granted and it would be in the interest of justice to execute the..........
Criminal Procedure Code, 1973, Section 125, 362 -- Dismissal of petition for non prosecution - Recall of order - Embargo contained u/s 362 Cr.P.C is relaxed in proceedings u/s 125 Cr.P.C - Court having not become functus officio after passing of final order as such recall application filed seeking restoration of case u/s 125 Cr.P.C, cannot be rejected by assigning a reason..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is having sufficient means of source of income, as he is working in Saudi - Whereas, wife is unable to maintain herself - Wife is entitled to socio-economic status as per financial status of her husband - Maintenance @ Rs.5000 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Transfer of cases sought on the ground that there is refusal by advocates to represent husband in legal proceedings - However, husband being represented by one of such..........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Husband sought transfer of two cases because he has an apprehension qua his false involvement in cases by brother of wife - However, husband is appearing in cases in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
