Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a practicing doctor - Income of husband is gradually increased as per Income Tax return of the year 2021-22 - Wife on the other hand got no income - Divorce between parties granted and husband is directed to pay Rs.20 lacs as permanent alimony to wife - Considering S.125 Cr.P.C, trauma of wife..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While the length of marriage by itself is not determinative of entitlement u/s 125 Cr.P.C. it is nonetheless a relevant factor in assessing nature of dependency, adjustment of lifestyle and extent to which parties had in fact shared a common standard of living...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband earns more it cannot be said that wife must necessarily receive half or a substantial fraction thereof - Such an approach would amount to converting maintenance proceedings into a de facto claim for sharing of income or property which is impermissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Wife who is unable to maintain herself can seek maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Strict proof of marriage is not necessary for grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to divorced wife - Divorced wife can also seek maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - For the purpose of getting maintenance u/s 125 Cr.P.C. (S.144 BNSS), if a woman was earlier married to another person, there has to be reasonable proof that said marriage has been dissolved followed by marriage to person from whom she seeks maintenance...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
