Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife had been studying and had completed her LLB in 2024 - Prima facie her claim towards education expenses is made out - Husband failed to prove that wife had any source of income or she is engaged in any form of profitable employment - Maintenance @ Rs.3500 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a wife by her own acts or omissions, causes or contributes to incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Criminal Act committed by brother and father of wife which rendered husband incapable of earning and left him without sufficient means - Interim maintenance rightly declined...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand for return of money cannot by itself be construed as an act to be done with intention to instigate or provoke commission of suicide, as mere demand of money does not ordinarily drive a person to take such an extreme step...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of petitioner demanding money back or keeping motorcycle of deceased with him cannot be said as an overt act in the nature which led deceased with no option but to commit suicide - Order framing charge set aside...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - If the provisions of Chapter X Cr.P.C. containing S.133 Cr.P.C. is not followed in the manner as prescribed, then a final order, even if well meaning, cannot be allowed to stand by mere fact that it is well meaning...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Power of Attorney holder as a party - Power of attorney holder can conduct proceedings but cannot be impleaded as a party or substitute plaintiff - He can appear only as a witness in his personal capacity and there are provisions under CPC for recording evidence on issuance of commission - Order impleading..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
