Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere expression of words without any intention to cause alarm cannot amount to criminal intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere presence of a lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Vague allegations unsupported by prima facie cogent evidence cannot constitute offence indicated u/s 506 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Prosecutrix improved her statement as recorded u/s 164 Cr.P.C. from that recorded u/s 161 Cr.P.C - No intention of criminal intimidation was prima facie established since prosecution of a person for criminal intimidation requires clear intention to cause alarm, irrespective of whether victim was alarmed or not..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Wife who is unable to maintain herself can seek maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Strict proof of marriage is not necessary for grant of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to divorced wife - Divorced wife can also seek maintenance u/s 125 Cr.P.C...........
