Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Either of parties aggrieved by order of maintenance u/s 125 Cr.P.C, can approach civil Court for declaration of status as order passed u/s 125 Cr.P.C does not finally determine rights and obligations of parties...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - For purposes of proceeding u/s 125 Cr.P.C, factum of marriage has to be prima facie considered - If there is prima facie material on record to suggest that parties have married or are having relationship in the nature of marriage, Court can presume in favour of woman claiming..........
Criminal Procedure Code, 1973, Section 397, 125 -- Revisional jurisdiction - Maintenance to wife - Validity of marriage - Question whether wife is a married wife of husband, being pre-eminently questions of fact, cannot be re-opened in exercise of revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Prima facie material on record that parties have married and they had relationship in the nature of marriage - Wife is unable to maintain herself, as she has no source of income and she is living with her mother who is suffering from serious illness - Husband is a doctor and running..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Non payment - Husband on one pretext or the other tried to evade his obligation to pay the maintenance amount - Issuance of conditional warrants of arrest, upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unable to maintain herself - It is to prevent destitution and vagrancy - Neglected ones surviving somehow or being maintained by someone - Not a ground to deny maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order u/s 125 Cr.P.C does not finally determine status, rights and obligations of parties and it only provides for maintenance of indigent wives, children and parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife unable to maintain herself, as she has no source of income - She is living separately due to continuous harassment and demand of dowry - Trial Court rightly awarded Rs.19,000/- to wife after appreciating each and every fact - No interference warranted in it...........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Territorial jurisdiction - Address given by wife is not a temporary one but rather her permanent address, which is found mentioned in her Bank records as well as income tax returns of contemporaneous period - Family Court at said place has jurisdiction to entertain petition u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(2) -- Maintenance - Order allowing maintenance - An appeal u/s 19(2) of the Family Courts Act does not lie against an order passed in proceedings u/ss 125 to 128 of the Code - Criminal revision is maintainable against both interim as well as final order passed u/s 125 Cr.P.C...........
