Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns subsequent to the filing of application of maintenance cannot be considered for determining interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Allegation that wife leads adulterous life is required to be proved by leading cogent evidence - Mere production of photographs that too before High Court will not suffice to assert that wife leads adulterous life and therefore she is not entitled to maintenance - Wife rightly awarded..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns do not necessarily furnish an accurate guide of real income - It is for Family Court to determine on a holistic assessment of evidence what would be real income of husband so as to enable wife and children to live in a condition commensurate with status to which they were accustomed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order of maintenance passed by Court on an application filed by wife u/s 125(1) Cr.P.C cannot be taken as exception merely because husband is ready and willing to take her back...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance is a matter of right to wife so long as wife remains a legally wedded wife of husband and fact that she has been deserted by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor children - It is sacrosanct duty of husband to provide financial support to wife and to minor children - Husband is required to earn money even by physical labour, if he is an able bodied and could not avoid his obligation, except on legally permissible grounds mentioned in the statue...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enough evidence to substantiate plea of wife that husband was demanding money from her father and was subjecting her to harassment - Husband also questioned chastity of wife by alleging that son was not his biological son and there is nothing on record to substantiate such baseless allegation - Husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Object of granting maintenance to wife is to ensure that standard of living as enjoyed by wife during marriage is maintained by husband even after the marriage ceases to exist...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband availed certain leaves as such certain deductions were from his monthly income - However, such deductions cannot become a part of the baseline in computing maintenance as, in all likelihood, the same will fluctuate over time, owing to very many reasons...........
