Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16 -- Maintenance - Right to cross examination - Provisions of Ss.15 & 16 of Family Courts Act do not render evidence taken on affidavits to be illegal but a witness has to be subjected to cross examination and that right has to be given and cannot be closed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Imprisonment - For arrears of twelve months imprisonment upto twelve months can be awarded...........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - Provisions of Ss.15 & 16 of Family Courts do not render evidence taken on affidavits to be illegal - However, a witness has to be subjected to cross examination and that right has..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Wife is not entitled to receive maintenance if she is living in adultery or if she refuses to live with her husband without any sufficient reason or that they are living separately by mutual consent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Desertion - Wife in her application clearly stated that after marriage, petitioner-husband and his family members started torturing her mentally and physically for bringing less dowry - They also abused her and gave beating to her - Thus, she left her matrimonial home along with her minor son and has no means of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced wife - Wife who has been divorced on the ground of desertion can maintain claim for maintenance, but it would be available to her only from the date of decree for dissolution of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Evidence of both the parties adduced on affidavits - No cross-examination was done - Impugned order of directing husband to pay maintenance to wife on the basis of affidavits, held, not sustainable and thus, quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Impleadment application by mother and brother of husband - If both the applicants have any grievance regarding their rights in any of the property, they can avail of their remedy in accordance with law - Applicants not necessary parties in the lis which pertains to proceedings initiated u/s 125 Cr.P.C...........
