Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Petition u/s 127 Cr.P.C is not maintainable without there being any determination of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance awarded under Protection of Women From Domestic Violence Act - There being no determination of maintenance u/s 125 Cr.P.C. petition u/s 127 Cr.P.C. is not maintainable...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Change of circumstances includes rise in cost of living, fact of inflation, resulting in fall in purchasing power of money and consequent rising cost of commodities which can be taken as grounds for enhancing maintenance...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and daughter - Enhancement - Award of maintenance of Rs.2,000/- each to wife and daughter in 2010 - Daughter in 2016 was in 6th class studying in private school and also taking coaching and thus her expenses had increased - Husband is working as Senior Manager in Bank and his gross salary as admitted by..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Criminal Procedure Code, 1973, Section 127, 125 -- Maintenance to wife and minor children - Enhancement of - Husband stated that wife is doing business of vegetables and earning about Rs.7,000 to 8,000 pm - Children of parties are minor and even if assuming that wife is doing some business, husband cannot avoid his responsibility to maintain his wife and minor children -..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement or alteration of maintenance award - Application can be filed where wife resides and law does not mandate that same has to be preferred where original order of maintenance was passed...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Maintenance - Alteration or review of maintenance order - Magistrate does not become functuous officio after passing an order u/s 125 Cr.P.C. - By S.125(5) Cr.P.C. Magistrate is expressly empowered to cancel an order passed u/s 125 Cr.P.C. on fulfillment of certain conditions - S.127 Cr.P.C. empowers Magistrate to..........
Protection of Women From Domestic Violence Act, 2005, Section 25(5), Criminal Procedure Code, 1973, Section 127 -- Expression `change in circumstances' under both the provisions i.e under Cr.P.C and under PWDV Act are used in connection with alteration of an order of maintenance...........
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482 -- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts below - He..........
