Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Maintenance u/s 125 CR.P.C. cannot be construed as amount needed for bare sustenance, particularly, in case of a dependent child, but it includes clothes, food, educational expenses etc...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Mere fact that mother is employed or that she would be able to sustain minor by her earnings, cannot be a justified reason to deny maintenance to the child...........
Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Jurisdiction - S.126(1) does not contemplate a permanent place of residence - Wife is entitled to maintain petition both at the place where husband is residing as also at the place where she is residing - Even a place where wife is for the time being residing would confer jurisdiction on such Court...........
Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Territorial jurisdiction - Residence temporarily acquired solely for conferring jurisdiction would not satisfy requirement of S.126(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of divorce on ground of desertion by wife - Wife not entitled to maintenance for period prior to passing of decree of divorce - However, wife is entitled to maintain an application u/s 125 Cr.P.C. for post decree period provided she is able to satisfy condition that she is unable to maintain..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered, is not enforceable - Same does..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Plea of adultery - Issue of adultery or living in adultery not decided by two Courts below - There is thus, no reason for High Court, at this stage, to go into said issue - Since application of maintenance is maintainable, it is open to both the parties to raise such issue or to lead evidence on such..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No bar to Court to grant maintenance u/s 125 Cr.P.C. even though financial assistance/maintenance was granted by Matrimonial Court dealing in matrimonial proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - It is a bounden duty of a husband to maintain desolate wife without any source of income and a minor child born out of wedlock...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband an able bodied person and he manipulated his salary slips - There is family business which was run by husband and his father - However, said business being run by husband was denied by him - More so, it is established from the fact that during compromise husband and his father had agreed to..........
