Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere filing of a petition for restitution of conjugal rights by husband would not by itself, be sufficient to attract disqualification u/s 125(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Statutory right of wife to maintenance cannot be permitted to be parted away and infringed by setting up a case that she had capacity to earn - Neither mere potential to earn nor actual earning, howsoever meager it may be, is sufficient to deny claim of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor child - Gross salary of husband is Rs.48,350 - Wife could have capacity to earn from tailoring, which may not be sufficient to support livelihood of wife and afford her to maintain the same standard of living which she will get if she was residing with husband - She is entitled to maintenance from..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Bald plea of unemployment cannot be accepted at face value, particularly when person concerned is able-bodied, qualified and experienced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Mere fact that mother is earning does not absolve father of his statutory and moral duty to maintain his minor children - Obligation of a father to maintain his children is independent and continues so long as children are minors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Where both parents are earning, father cannot escape his responsibility, particularly when children are residing with mother and she is bearing primary responsibility of their day-to-day care and upbringing...........
