Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Enhancement - Parents employed in government service - Where both the parents are working as Government employees and earning handsome money, there is no question of enhancing amount of maintenance awarded to children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance petition filed in the year 2003..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be denied merely because she is earning, as she is entitled to live with same standard as she was living with her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Earning wife - Wife was working a teacher and earning Rs.10,000 p.m - However, wife is having a minor daughter and she requires expenses for maintaining herself as well as her school going daughter - Finding of Family Court that wife is having sufficient income to maintain herself and..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Wife is a practicing advocate and is earning - Grant of maintenance of Rs.7,000 p.m to wife from total take home salary of Rs.16,500 by husband is sufficient and proper - Said salary of husband remained uncontroverted - No interference warranted in impugned order of maintenance granted to wife...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15 -- Maintenance - Right to cross examination - Condition imposed while allowing cross examination - Family Court acted in contravention of S.15 of the Act - Impugned order set aside - Family Court would give opportunity of cross examination to both the sides and then decide the case afresh...........
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...........
