Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Statutory right of wife to maintenance cannot be permitted to be parted away and infringed by setting up a case that she had capacity to earn - Neither mere potential to earn nor actual earning, howsoever meager it may be, is sufficient to deny claim of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor child - Gross salary of husband is Rs.48,350 - Wife could have capacity to earn from tailoring, which may not be sufficient to support livelihood of wife and afford her to maintain the same standard of living which she will get if she was residing with husband - She is entitled to maintenance from..........
Preventive detention -- Mere apprehension on the part of detaining authority that in the event of detenu being released on bail, she was likely to indulge in similar crimes that would be prejudicial to maintenance of public order would not be a sufficient ground to order her preventive detention...........
Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offen, Section 3(2) -- Preventive detention - Mere registration of three offences by itself would not have any bearing on..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Bald plea of unemployment cannot be accepted at face value, particularly when person concerned is able-bodied, qualified and experienced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Mere fact that mother is earning does not absolve father of his statutory and moral duty to maintain his minor children - Obligation of a father to maintain his children is independent and continues so long as children are minors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Where both parents are earning, father cannot escape his responsibility, particularly when children are residing with mother and she is bearing primary responsibility of their day-to-day care and upbringing...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
