Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Suppressing by wife of her employment - Not coming to Court with clean hands - Dismissal of petition calls for no interference...........
Criminal Procedure Code, 1973, Section 125, Maintenance to wife -- Wife failed to bring on record cogent evidence to demonstrate that she was living separately from her husband on account of any situation created by husband - Dismissal of petition calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of consideration of interim maintenance, Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively - Court is only required to examine on a prima facie basis, whether spouse and minor child seeking maintenance are..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Mere fact that one child is in custody of husband cannot by itself, be a ground to absolve him of his obligation to maintain wife and minor child residing with her...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - S.23 of the Act does not enable Sub-Collector or District Collector to function as a Civil Court to decide questions of fraud, undue influence, coercion etc. alleged to have been perpetrated on petitioner...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of settlement deed - Plea of fraud taken by petitioner - It will be open for petitioner to approach Civil Court if she wants to contend that fraud was played on her to make her execute the settlement deed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere filing of a petition for restitution of conjugal rights by husband would not by itself, be sufficient to attract disqualification u/s 125(4) Cr.P.C...........
