Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Maintenance - Alteration or review of maintenance order - Magistrate does not become functuous officio after passing an order u/s 125 Cr.P.C. - By S.125(5) Cr.P.C. Magistrate is expressly empowered to cancel an order passed u/s 125 Cr.P.C. on fulfillment of certain conditions - S.127 Cr.P.C. empowers Magistrate to..........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance - Parties settled the matter amicably - Maintenance petition disposed of - Recall of order as respondent did not honour its commitment under settlement - Order reviving maintenance application - Order passed is not hit by S.362 Cr.P.C. - Rejection of application, by High Court, filed by husband u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting income from agriculture - Withholding of information about agricultural land and income from agriculture - Adverse inference has to be drawn that husband is not disclosing his income correctly and is trying to withheld certain information...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting net pay of Rs.55,000/- in the year 2017 as net pay and also getting agriculture income - Wife entitled to maintenance of Rs.12,000/- per month...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Certificates Exh.14 & 15 as well as evidence of husband himself staying at different places with wife for a certain period clearly proves their relations as husband and wife - Wife was deserted by husband by giving mental as well as physical cruelty - Award of maintenance of..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 13, 17, 18, 38, 39, Indian Penal Code, 1860, Section 120B, 121A, 125 -- Bail - Offence u/ss 13, 17, 18, 38, 39 of Unlawful activities Act and Ss.120-B, 121-A, 125 IPC - Ample material in investigation paper against applicant, from which, it can be said that applicant has..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Dismissal of application in default - Application for restoration does not carry details as to when wife became aware of dismissal of main case filed u/s 125 Cr.P.C - However, since application for restoration was filed almost within 2 months of dismissal in default, same cannot be said to be an inordinate delay -..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Grant of permanent alimony u/s 25 of Hindu Marriage Act - Application is maintainable if filed before grant of permanent alimony u/s 25 of Hindu Marriage Act but reverse is not the accepted norm - Application u/s 125 Cr.P.C. filed by wife after taking permanent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband who is holding diploma in electronics, cannot be assessed less than Rs.15,000 pm, as even a daily wager is earning more than Rs.15,000 pm - Maintenance @ Rs.4000 pm to wife and child rightly awarded...........
