Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the time of deciding an application for interim maintenance, Court not to delve deep into disputed questions of act...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of adultery - Cannot be decided by delving deep into facts - Court at the time of deciding application for interim maintenance, not to delve deep into disputed questions of facts - Plea of adultery to be decided at the time of final hearing after parties lead evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife obtained divorce from her previous husband in customary manner - When second husband/respondent married applicant knowing fully well that her earlier marriage had not ended in a valid divorce, then respondent is estopped from raising a plea u/s 125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - There is no evidence to make out that respondent has some employment and he has some fixed salary and income from any source - However, respondent is an able bodied person who can earn livelihood and pay maintenance to applicant - Hence, on this basis respondent directed to make payment of Rs.2,500/- per month to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a government servant and is getting salary of Rs.40,186 after necessary deductions - Taking into account the fact of rise in inflation, rise of cost of living and also taking into account that girl child was born in the year 2004 and as of now is about 16 years of age and also..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of - Wife living separately from her husband over a long period of time - She could not produce any plausible evidence to establish her claim that her husband was responsible for termination of their relationship - Facts and circumstances showing that husband made efforts to bring back wife which..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having no independent source of income - Allegation of adultery made against wife by husband had no foundation - Materials on record shows that wife has made allegations of harassment, torture and demand of dowry and she filed a criminal case against husband - Maintenance to wife @ Rs.3000 each for..........
Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Waiving of a statutory right is opposed to public policy u/s 23 of Contract Act - An agreement having that impact is void in eyes of law and will not act as estoppel - Wife is entitled to get monthly maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Right envisaged u/s 125 Cr.P.C being a statutory right, cannot be waived or relinquished by party entitled for that or made to waive or relinquish by a party obliged to pay that by executing an agreement...........
