Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to join husband in spite of there being order passed u/s 9 of Hindu Marriage Act - Thus, she is not entitled to maintenance u/s 125 Cr.P.C. - Application rightly dismissed qua wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife filed application on the allegation that husband turned her out of matrimonial home and re-married - However, husband stands acquitted in case of bigamy filed against him by wife - Even otherwise, significant agricultural land has devolved upon wife from her father's property - Wife failed to prove..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Living in adultery denotes a continuous course of conduct and not isolated acts of immorality - An act of isolated lapse would not disentitle wife to claim maintenance - Onus is on husband to establish that wife is living in adultery - Evidence which creates some sort of suspicion on conduct..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Unsuccessful attempt by husband in levelling disgusting accusations of unchastity entitles wife to live separately from husband and to claim maintenance from him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be refused merely on the ground that husband not found guilty of offences under which he has been charge sheeted on FIR lodged by wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife lodged FIR against husband relating to torture and on investigation, prima facie evidence found against him for which charge sheet was submitted against him, which itself is a factor for wife to live separately from husband and to claim maintenance - It cannot be said that there was not sufficient..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that husband succeeded in proceeding under Guardians and Wards Act, which is under challenge before this Court, is no ground to negate maintenance to wife, as said proceeding is different in nature...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband has no personal knowledge about involvement of wife in adultery, as he himself admitted that he came to know about said fact from village gentries - Even mother of wife deposed about the same, but no evidence on record to prove said fact - It cannot be said that husband has..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Where there is no proper evidence regarding income of husband, Court has no option but to presume the income of husband...........
