Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife specifically stated that she has no source of income - However, husband stated that she has sufficient means to maintain herself but did not specify the means available to wife - Therefore, her plea that she is unable to maintain herself is to be accepted as correct at this stage...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife has no source of income - She was subjected to domestic violence despite the undertaking given by husband - Wife has reasonable cause to reside separately from husband and claim maintenance - Plea of husband that he has to maintain his mother and sister also rejected, as his mother has her independent..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings of determination of maintenance are summary proceedings - Detailed inquiry cannot be undertaken, as Family Court cannot calculate arithmetically exact figure of maintenance or interim maintenance...........
Criminal Procedure Code, 1973, Section 125, 91 -- Maintenance to wife - Production of income tax return and bank statement of Firm of wife - Wife has not only filed an affidavit but also copies of income tax returns from which it can be easily ascertained that what is the income of wife and whether she is in a position to maintain herself or not - Moreover, application of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nullity of marriage even if it is declared by a competent civil Court is not a bar for wife to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay itself cannot be a reason for disqualifying wife to claim maintenance...........
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..........
