Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adequacy of maintenance allowance has to be determined by the yardstick of dependent spouse being able to lead a life of reasonable comfort...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Successive claims - Maintenance @ Rs.10,000 already granted to wife u/s 24 of Hindu Marriage Act - Keeping in view of spiralling inflation rates and high cost of living corresponding to reasonable needs of wife and in view of successive claims, maintenance amount of Rs.10,000 as awarded u/s 24 of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deduction from gross salary of husband due to payment for premium of insurance or instalment of plots purchased by him cannot be taken into consideration as no such deduction from gross salary is permissible under law...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - No deduction is permissible for payment of monthly installment of personal loan and it should be added in net monthly income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely on the ground that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Maintenance allowance fixed in favour of wife without considering the evidence on record - Net monthly income of husband is Rs.43,020 pm - Wife entitled to Rs.10,000 p.m which is approximately 25% of monthly income of Rs.43,020 as maintenance allowance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appeal - Impugned order is an interlocutory order - There are no trappings of finality and substantial rights of parties were not affected - Appeal against such an order not maintainable...........
