Criminal Procedure Code, 1973, Section 125 -- Maintenance - S.125 Cr.P.C does not stipulate any lumpsum payment for maintenance - It speaks of monthly allowances...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Some estimation of income has to be made though tentatively, at the stage of interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to minor daughters - Need of children and income of father not assessed even tentatively - Order granting interim maintenance, set aside and matter remitted for decision afresh...........
Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Jurisdiction of Family Court - Conversion of maintenance petition u/s 18 of HAMA Act to S.125 Cr.P.C - Special jurisdiction is conferred on Family Court u/s 7 of Family Courts Act to deal with both the proceedings either u/s 18 of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left matrimonial home since she could not reside there due to particular circumstances prevailing - She thus, entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been employed in Saudi Arabia - However, actual income of husband is not fully established - It cannot be said that employment in Saudi Arabia is one of permanent nature so as to conclusively found income is static always - Wife got re-married therefore, entitlement of maintenance as far as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - No averment in application that daughter is unable to maintain herself or not attained majority - Daughter held, not entitled to get maintenance u/s 125 Cr.P.C - However, liberty is reserved in favour of daughter to take recourse to S.20(3) of Hindu Adoptions and Maintenance Act, if so..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Any one of several persons may be chosen for claiming maintenance - It is not obligatory on the part of claimant seeking maintenance to name all the persons having sufficient means to be proceeded against - In other words, it is for claimant to decide whether he/she wants maintenance from any one or all the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Impleadment of a party - Impleadment is a concept of civil law - There is no provision in Cr.P.C. which enables a respondent to a proceedings to seek impleadment of some other person in the said proceeding...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Paternity of son - Where purported father denies paternity, but refuses to undergo DNA test, such father is disentitled to deny paternity in a summary proceeding u/s 125 Cr.P.C...........
