Criminal Procedure Code, 1973, Section 127 -- Reduction of maintenance as awarded to wife - Plea of retirement of husband - Evidence on record shows that after retirement husband enrolled himself as an Advocate in District Bar - Being a husband, he has a legal obligation to pay maintenance to his wife - Even if husband retired from his services, he is not rendered..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Can be enhanced as per changed circumstances - Rise in prices is changed circumstance as defined u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127, 482 -- Maintenance - Order enhancing maintenance to wife - Quashing of order - Husband admitted his monthly income to the tune of Rs.10,707 - Wife who is living separately along with her daughter held, entitled to 1/3rd income of husband as maintenance - Maintenance allowance of Rs.2,000 rightly granted by Court below and is not..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Grant of maintenance of Rs.1750/- - Husband getting salary of Rs.30,000/- p.m. - Maintenance enhanced to Rs.5,000/- p.m. from date of application - Court should be alive to the object and spirit of provision u/s 125 Cr.P.C. and obviously the provision of S.127 Cr.P.C. is an extended provision of..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance pendente lite - Enhancement - In the instant case, wife claiming maintenance for herself and her minor daughter who is suffering from disease - As per income tax return of husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Award of maintenance pendente lite to wife and minor daughter - Alteration - As per income tax return of the husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced to Rs.7,000/-...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to daughter - Awarded from date of application - Express order is necessary - However, no special reasons are required to be recorded by Court as no such requirement can be read in S.125(1) Cr.P.C. in absence of express provision to that effect...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Provision of S.127 Cr.P.C. is not independent and is always subject to the provision of S.125 Cr.P.C. and if a person ceases to be entitled to receive maintenance u/s 125 Cr.P.C., he cannot seek an order of enhancement u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127(1) -- Maintenance to wife - Modification - Ground of challenge to marriage being unlawful - Not available u/s 127(1) Cr.P.C., as applicant would be required to seek necessary orders from competent Court regarding cancellation of marriage and then a resort can be made to provisions contained in S.127(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 127(1) -- Maintenance - Modification - In order to invoke jurisdiction of criminal Court u/s 127 Cr.P.C., it is necessary that applicant submits proof relating to change in circumstances - In the absence thereof no relief can be granted u/s 127(1) Cr.P.C...........
