Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Claim sought by father that he is thrown out of his service and that too his new wife was unemployed and working on her own, does not cuts much ice - Considering qualification of father, his emoluments at the time of pendency, rightly awarded maintenance way back in 2015 and which as on date is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition precedent for awarding any relief under the said provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Question as to whether regular bail can be granted on the ground that accused is granted anticipatory bail - Since the matter is referred to a larger Bench therefore Supreme Court did not deal with this issue any further...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Offence u/ss 420, 409 IPC and Ss.3, 7 of Essential Commodities Act - Accused was running a rice mill and failed to return required quantity of rice after custom milling - State permitted to attach all the immovable..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Father cannot divest himself of his liability to maintain his child by an agreement with the mother of the child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Right of daughter to get maintenance from father cannot be forfeited by virtue to agreement/compromise entered into between mother and father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughters - Father was employed as driver abroad in a private company and allegedly earned Rs.2 lakh p.m - However, he did not enter the witness box and did not produce any evidence regarding his actual salary - Lower Court thus, rightly granted past maintenance of Rs.36000 each to daughters for a..........
Indian Penal Code, 1860, Section 323, 307, 454, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 307, 454, 34 IPC - Dispute between parties already settled amicably - Complainant does not want to press allegations levelled in FIR - It is thus, a fit case, where FIR pending against petitioner is quashed while exercising..........
