Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Right of mother to seek maintenance from his son does not get extinguished only due to fact that she had not nurtured his son or she contracted second marriage with some other person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Mother left his son 36 years ago and contracted second marriage - Factum of mother and son is established between parties - Right of mother to seek maintenance from his son does not get extinguished only due to fact that she had not nurtured his son or she contracted second marriage with some other..........
Criminal Procedure Code, 1973, Section 125 -- Second application for maintenance - Order of granting maintenance to wife in first maintenance case does not alter its nature merely because parties have resumed cohabitation - It is still operative - Subsequent application seeking maintenance u/s 125 Cr.P.C held, not maintainable...........
Criminal Procedure Code, 1973, Section 125, 127 -- Second application for maintenance - Wife sought enhancement of maintenance granted in first application for maintenance, as it was based on compromise between parties - Though second application for maintenance is not maintainable, but under facts and circumstances of case, second application for maintenance u/s 125..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19 -- Order passed by Family Court u/s 125 Cr.P.C - Not appealable to High Court u/s 19 of the Family Courts Act, as S.19(2) of the Act clearly denies right of appeal against any order that may be passed by Family Court under Chapter IX Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband is suffering from diabetics, same cannot exonerate him from maintaining wife and two children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced wife is also entitled to maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife and two children - Husband was aged about 43 years at the time of filing of application - No contra evidence to prove that husband is suffering from any serious illness - Although wife had filed application u/s 3 of Muslim Women's (Protection of Rights) on Divorce Act, but nothing on record..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Where earning of wife is good, that factor can always be considered, as joint parenting is always best for upbringing of child...........
