Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Jurisdiction of Family Court - Family Court has got jurisdiction to decide the case u/s 125 Cr.P.C as well as maintenance suit u/s 20 of Hindu Adoptions and Maintenance Act so as to avoid multiplicity of proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Legitimacy of daughter is disputed by father - Daughter was born during continuance of marriage between her mother and father and that too within 280 days after their separation - No case of father that mother of daughter has contracted second marriage after separation - Moreover, in the absence of any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation of torture and driving her out of matrimonial home was never reported to any authority - Wife admitted that husband had been to her father's house for taking her back - Father of wife stated that his daughter did not take any steps to return back to matrimonial home - Wife is residing in her..........
Criminal Procedure Code, 1973, Section 125, Hindu Succession Act, 1956, Section 15(1)(c) -- Maintenance to wife - Death of wife - Recovery of arrears of maintenance accrued till her death - Impleadment of mother of wife - Deceased died during pendency of her application for recovery of arrears of maintenance - Decree of divorce already granted in favour of husband - Mother..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Widowed daughter-in-law not liable to pay maintenance to her father-in-law and mother-in-law - Maintenance can be claimed only by the persons falling in the category mentioned in the section and father-in-law and mother-in-law are not mentioned in the section...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Father-in-law and mother-in-law are not entitled to receive maintenance from widowed daughter-in-law on the following grounds : (i) they are not coming under relation mentioned in S.125 Cr.P.C; (ii) appointment of widowed daughter-in-law in service was not on a compassionate..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Daughter attained majority during pendency of proceedings - However, she will not be deprived of maintenance awarded by Family Court only on the ground that during pendency of proceeding she attained majority...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Daughter of parties is now aged about 13 years and she is a student of class 8 - Amount of maintenance of Rs.3000/- p.m granted to child is clearly not sufficient to maintain a school going child - Maintenance awarded to child enhanced from Rs.3000/- to Rs.5000/- p.m...........
