Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Monthly income of husband is 75000 p.m - He also earns a further sum of Rs.16,000 p.m from other sources of income - Primary obligation to maintain the dependents is not diluted through artificial reduction of income - Interim maintenance rightly awarded to wife - However,..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cannot be based on exact arithmetical calculations, as interim maintenance is only tentative and is subject to fixation of final maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to parents - Parents/respondents are living separately from the son/petitioner - Mother is employed and father is doing some labour work - Son on the other hand is a engineer and earning Rs.28,500 p.m - It is legal duty of son to support his parents who are unable to maintain themselves - Family Court..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife in her petition filed u/s 13 of Hindu Marriage Act herself stated that she is living with one person with whom she is seen in the photographs referred to earlier - Though there is denial by wife to the factum of her living in any kind of adulterous relationship, but no plausible..........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Order directing interim maintenance to wife is only an interlocutory order, as rights and liabilities of parties have not attained finality - Order granting maintenance is proper...........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of interim maintenance Court cannot hold a threadbare trial to go into every micro detail...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - In the absence of the same, order dismissing application, set aside...........
