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...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance u/s 125 Cr.P.C. - Application for interim maintenance u/s 125 Cr.P.C. for the same period for which interim maintenance has been awarded under Domestic Violence Act is maintainable - However, Court would bear in mind the interim maintenance awarded in other proceeding while considering merits of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having some income - Not a ground to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Married wife becomes entitled for maintenance from date of her marriage and she is entitled to live a dignified life even after she is thrown away from her matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Wife has no independent source of income and she was unable to maintain herself - Father of wife is supporting his daughter by paying Rs.8000 pm to her - Husband failed to lead evidence to controvert claim of his wife for maintenance - He has sufficient income to maintain himself, wife,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to aged parents - Liability of son - Petitioners are father and mother of respondent and they are aged 75 and 70 years respectively - Respondent is a driver and he has sufficient means to maintain petitioners - Son is under personal obligation to maintain his aged parents - It is a legal obligation not dependent on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Factors like unemployment, earning a meager income cannot be an excuse for not maintaining wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is under personal obligation to maintain his minor child - Factors like unemployment, earning a meager income cannot be an excuse for not maintaining wife and children - Father cannot shirk his responsibility from maintaining family, in particular, his minor son under garb of doing a coolie job..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor children - Proceeding u/s 125 Cr.P.C is summary in nature and strict proof of income is not sine quo non to grant maintenance to wife and minor children...........
Criminal Procedure Code, 1973, Section 127, 125 -- Maintenance to wife and minor children - Enhancement of - Husband stated that wife is doing business of vegetables and earning about Rs.7,000 to 8,000 pm - Children of parties are minor and even if assuming that wife is doing some business, husband cannot avoid his responsibility to maintain his wife and minor children -..........
