Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Quantum - Carry home salary of husband Rs.1,16,885/- per month - Maintenance payable to wife and child enhanced to Rs.20,000/- to wife and Rs.8,000/- to child - Enhanced maintenance will be payable from the date of passing of order by High Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance petition filed in the year 2003..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of Act of 2005 - Though there may not be any express provision u/s 125 Cr.P.C., it may not be impermissible to take into account maintenance or interim maintenance, if any, already awarded to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because trial Court has not given a finding that wife is not able to look after herself, that does not mean that she is not entitled for maintenance - High Court is required to look into the question whether wife is entitled to maintenance or not and if so the quantum of maintenance - Since High..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Quantum of maintenance - Husband getting salary of Rs.3000 in 2011, as per his salary slip, which is his basic salary and D.A. and allowances were not mentioned in salary slip of husband - Said salary including D.A. and allowances would certainly be enhanced during last six years - Amount of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Husband is an able body person and not suffering from any ailment - Considering the price index as well as inflation, an amount of Rs.4000, as awarded by Court below, cannot be said to be on higher side...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Home visit report of counselor to hold that wife was living with other person as his wife not proved - Notary certificate of marriage of wife with one `U' not a valid proof of marriage - Justifiable reason for wife to live separately from husband - Since wife has no sufficient means to maintain..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of - Husband worked as software engineer, affluent and established own company by showing wife also one of promoters therein - Though he did not work now due to health problems, but taking into account the materials on record, as he sold away some of his properties and got means and even maintain..........
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..........
