Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Husband is admittedly an MCA graduate with substantial work experience - Plea that he is unable to earn on account of pending litigations is not acceptable - An able-bodied person is presumed to have capacity to earn and intentional or voluntary unemployment cannot be used as an excuse to avoid..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Directions issued in Rajnesh Vs Neha apply to proceedings for interim maintenance also...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Payable from the date of filing of application for interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier marriage of wife continued to subsist at the time of her marriage with opposite party/husband - Mere fact that wife resided with opposite party for nearly ten years and relationship may appear akin to marriage, yet such cohabitation does not confer legal status of a wife u/s 125 Cr.P.C. - Wife does..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to first wife - Where husband is financially capable of maintaining second wife, such capacity cannot be a ground to ignore claim of first wife, who is living separately and is wholly dependent upon her parents for financial support - Obligation of husband to maintain his legally wedded first wife cannot be defeated..........
Criminal Procedure Code, 1973, Section 125(1)(a) -- Maintenance to wife - Earning wife - Wife is an earning lady and able to maintain herself - She thus, not entitled to get any maintenance from husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife suppressed the material facts and claimed herself as a illiterate and unemployed woman in her affidavit - However, when document filed by husband was shown to her before trial Court, she admitted her income during cross-examination - Wife thus, not came to Court with clean hands - If a petitioner is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - While calculating quantum of maintenance income has to be ascertained by only permitting deductions which are towards income tax and compulsory contributions...........
