Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - There is no legal bar for respondent/mother to move application for maintenance through her constituted attorney...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - It is open for Magistrate to award sentence up to maximum one month for each month's default made by person ordered to pay maintenance - Even Magistrate can entertain separate applications or even entertain a common application for several months of default and pass..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed imprisonment for 12 months in lieu of maximum 12 defaults - However, same is outer limit and lesser imprisonment can be imposed - Such imprisonment will be followed until payment is made - Sentence thus, reduced to 6 months (15 days imprisonment of each..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 Cr.P.C are more of summary in nature quasi criminal, where strict principles of Evidence Act are not applied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Legitimacy of child is disputed by father - However, father declined to undergo DNA test before Court and refused to give his specimen handwriting or blood samples - Even, father not examined a single witness to corroborate and support his stand and simply examined himself and none of his..........
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 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...........
