Hindu Adoptions and Maintenance Act, 1956, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance to widowed daughter-in-law - Provision of S.125 Cr.P.C. in petition u/s 19 of Hindu Adoptions and Maintenance Act cannot be applied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - It is personal liability of husband to pay maintenance to his wife and daughter - Husband is not discharged from his liability to pay on the ground that he is a day labourer and he has to maintain his parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband according to wife has sufficient landed property and earns Rs.30,000/- per month and said fact not denied by husband either in his written statement or in his evidence - Maintenance of Rs.5000/- p.m. to wife and daughter rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Mere refusal by wife that she is not ready to go for DNA test in her cross-examination, would not be sufficient to draw adverse inference against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Husband ready to go for DNA test but no separate application is filed for DNA test - Adverse inference cannot be drawn against wife merely because she refused to go for DNA test in her cross-examination - Even otherwise, husband failed to show that for period of..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - An order granting monthly maintenance allowance or monthly allowance for interim maintenance may be enforced by any Magistrate within whose jurisdiction respondent may be, provided Court is satisfied about identity of parties and non payment of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability of petition on ground of jurisdiction - Wife filed petition for maintenance at place `B' and in support thereof filed her voter card which prima facie shows that she is residing at place `B' and it is convenient for her to pursue the case at such place - Intention of husband as it appears from his..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can file application for maintenance even after the matter was compromised and she received lump sum alimony vide said compromise, particularly when she is unable to maintain herself and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a businessman having income from different resources - It was not possible for wife to bring any direct evidence to prove income of her husband - Wife at the time of filing of application was mother of son who was 23 years old and daughter was 20 years old - It is not possible for wife to..........
