Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband himself admitted in his cross-examination that he is residing with another lady since two years - This itself shows that there is sufficient reason for wife to reside separately from her husband - Wife is, entitled to maintenance - Husband directed to pay maintenance of Rs.3000/- pm to wife from..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appellant Court enhanced amount of interim maintenance without there being any appeal by wife for enhancement - Moreover, no cogent and valid reasons assigned by appellate Court for enhancing amount of interim maintenance - Order of appellate Court is per se illegal and set aside...........
Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Jurisdiction - S.126(1) does not contemplate a permanent place of residence - Wife is entitled to maintain petition both at the place where husband is residing as also at the place where she is residing - Even a place where wife is for the time being residing would confer jurisdiction on such Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of divorce on ground of desertion by wife - Wife not entitled to maintenance for period prior to passing of decree of divorce - However, wife is entitled to maintain an application u/s 125 Cr.P.C. for post decree period provided she is able to satisfy condition that she is unable to maintain..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered, is not enforceable - Same does..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Plea of adultery - Issue of adultery or living in adultery not decided by two Courts below - There is thus, no reason for High Court, at this stage, to go into said issue - Since application of maintenance is maintainable, it is open to both the parties to raise such issue or to lead evidence on such..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No bar to Court to grant maintenance u/s 125 Cr.P.C. even though financial assistance/maintenance was granted by Matrimonial Court dealing in matrimonial proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - It is a bounden duty of a husband to maintain desolate wife without any source of income and a minor child born out of wedlock...........
