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...........
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...........
