Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Detailed enquiry on marital status is not called for in a maintenance case, but Court is only to arrive at a prima facie satisfaction about marital status of parties from the materials produced for its consideration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not necessary in proceeding u/s 125 Cr.P.C and even if marriage between parties is not solemnized by performing essential rituals but if the parties have lived over a long period of time as man and woman considering themselves husband and wife, the law would presume marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Parties lived together as husband and wife and a son was born in the year 2004 - Their association spanned over a period of 10 years and it was only after petitioner indicated his willingness to marry woman police constable differences between them had arisen - Petitioner left her in 2013 and she had gone..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major child - Child who has attained majority and who is not able to maintain itself on account of physical or mental abnormality is entitled to claim maintenance from father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried daughter though attained majority is entitled to claim maintenance from her father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C is independent and in addition to maintenance awarded under PWDV Act - However, maintenance has to be awarded in a subsequent proceeding after considering the quantum already awarded under the previous proceeding...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Son entitled to maintenance from her father until he attains majority - However, directing father to pay/bear educational expenses of major son cannot be justified either u/s 125 Cr.P.C and/or by taking recourse to S.20 of Hindu Adoption and Maintenance Act, 1956...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
