Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMI of home loan is not a mandatory deduction or liability...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMIs being paid by husband towards his ancestral house - Such voluntary financial obligations especially when incurred for ancestral property that does not exclusively belong to petitioner cannot be considered as mandatory deductions while determining..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Minor girl child is residing with wife - Husband claimed that he is paying Rs.5500 as school fees of child, which was not considered by Family Court - Even, wife has not claimed in his affidavit that she is paying school fees of child - Said amount ought to have been taken into account while..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife had shown sufficient reason to live separately from her husband, as husband physically harassed wife and drove her out of matrimonial house along with child - Maintenance rightly granted to wife by Magistrate...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Divorced wife who lives in adultery/illicit relationship with man other than her former husband is disqualified from claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is a government teacher drawing a handsome monthly salary of Rs.65,100 - Being husband and father, it is legal obligation to maintain his legally wedded wife and minor daughter - Maintenance as awarded by appellate Court cannot be said to be on lower side - Wife and minor..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband never offered to maintain his wife - Stand taken by husband in his reply cannot be said to be an offer made by husband - Maintenance @ Rs.3000 rightly awarded to wife...........
