Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Wife earning some income - If wife is earning, it cannot operate as a bar from being awarded..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - An able bodied husband must be presumed to be capable of earning sufficient money to maintain..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance of minor children - Living expenses of the child would include expenses for food, clothing,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Serious disability or ill health of a spouse, child/children from the marriage/dependent..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Date from which payable - Maintenance be awarded from the date on which application was made..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Criminal Procedure Code, 1973, Section 259 -- Converting summons case to warrant case - Magistrate has got jurisdiction to convert summons case to a warrant case and can proceed after that following Ss.244 to 247 Cr.P.C - No de novo trial is necessary...........
Indian Penal Code, 1860, Section 171B, Criminal Procedure Code, 1973, Section 482 -- Bribery - Quashing of proceedings - Cash in question though recovered from suitcase of petitioner, however, nothing on record to show that petitioner had either given or had offered said amount as bribe to someone or had accepted the same from anyone - Ingredients of offence u/s 171-B IPC..........
Criminal Procedure Code, 1973, Section 482 -- Concealment - Conduct of petitioner for indulging in subtle concealment, does not inspire any confidence so as to exercise any jurisdiction u/s 482 Cr.P.C. - Petition dismissed with costs of Rs.50,000/-...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Non-registration of FIR by police - Remedy as to - Petitioner ought to have first approached trial Court u/s 156(3) Cr.P.C for redressal of his grievance regarding non-registration of FIR by police or any other competent officer as per S.36 Cr.P.C - However, even if thereafter, grievance is unmitigated, one can take..........
