Criminal Procedure Code, 1973, Section 125(1)(b) - - Maintenance to divorced wife - Divorced wife entitled to maintenance from her ex husband as per S.125(1)(b) Explanation (b) Cr.P.C - Order of granting maintenance to divorced wife held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax return of husband showing his annual income Rs.4,03,804 for the year 2015-16 is on record - Husband can easily pay maintenance of Rs.15,000 pm as awarded and cannot be said to be exorbitant - Said order calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband cannot be permitted to plead that he is unable to maintain wife due to financial constraints as long as he is capable of earning...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No regular source of income of husband - However husband earning from music programmes and also helping his father economically - Award of maintenance of Rs.4000/- per month not excessive in the present scenario...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proof of valid marriage - Strict standard of proof of marriage is not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case parties resided together..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C - Husband sought transfer of proceedings pending at Kanpur Nagar to Aligarh - Aligarh is convenient for wife who is admittedly residing at Delhi - Proceedings held, transferred from Kanpur Nagar to Aligarh - Application allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can claim maintenance to meet out routine expenses - Such maintenance may also cover expenses incurred towards medical treatment - Obligation of husband to pay such expenses cannot be deferred...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Divorced wife continues to be wife for limited purpose of claiming maintenance allowance from her ex-husband within meaning of S.125(1) Explanation (b) Cr.P.C - Wife thus, entitled to maintenance under provisions of S.125 Cr.P.C - Plea of husband that divorce granted on account of desertion by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife in a position to maintain herself - Wife is not entitled to any maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Child living with mother - Earning mother should contribute towards the expenses of the child but the expenses cannot be divided equally between the two as mother who has custody of child not only spends money on the upbringing of the child but also spends substantial time and effort in bringing up..........
