Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is working as Constable in RPF and getting monthly salary between 30,000 to 35000 p.m - It is thus, proper to fix Rs.8000 as monthly maintenance to wife payable by husband - However, maintenance of Rs.2000 to minor daughter which is already fixed by SDJM held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C are quasi civil and quasi criminal in nature - It is a summary trial - It is a summary trial...........
Criminal Procedure Code, 1973, Section 125 -- Proceeding u/s 125 Cr.P.C - Principle of beyond reasonable theory is not applicable to cases filed u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband himself admitted in his cross-examination that he is residing with another lady since two years - This itself shows that there is sufficient reason for wife to reside separately from her husband - Wife is, entitled to maintenance - Husband directed to pay maintenance of Rs.3000/- pm to wife from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Major unmarried daughter is entitled to maintenance from her father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Daughter having no source of income - Father was legally and morally duty bound to maintain her - He has his own house having value of more than Rs.2-3 crores and also having a car and motor cycle - Father also runs a business of brass - Maintenance @ Rs.8000 p.m awarded to daughter from date of filing..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appellant Court enhanced amount of interim maintenance without there being any appeal by wife for enhancement - Moreover, no cogent and valid reasons assigned by appellate Court for enhancing amount of interim maintenance - Order of appellate Court is per se illegal and set aside...........
