Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Husband is admittedly an MCA graduate with substantial work experience - Plea that he is unable to earn on account of pending litigations is not acceptable - An able-bodied person is presumed to have capacity to earn and intentional or voluntary unemployment cannot be used as an excuse to avoid..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Mere earning in foreign currency does not by itself entitles wife to claim maintenance by mechanically converting husband's foreign income into Indian currency and applying formulae evolved by Indian..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Where one of spouses is employed abroad and has failed to place complete and candid disclosure of income before Court, assessment necessarily involves a degree of estimation and informed guesswork -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Interim maintenance to wife - Mere capacity to earn cannot be equated with actual earnings - When it is admitted that wife is not gainfully employed, question whether she deliberately remained unemployed to extract maintenance, can only be ascertained after evidence is led by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 146 -- (Criminal Procedure Code, 1973, Ss.125, 127) - Interim maintenance to wife - Enhancement of - Husband is earning in foreign currency and is residing in USA - Consequently, he is also required to incur expenses in foreign currency and standard as well as cost of living in USA cannot be equated with that..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Directions issued in Rajnesh Vs Neha apply to proceedings for interim maintenance also...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Payable from the date of filing of application for interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Stridhan, inherited property or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Financial position of parents of wife is immaterial in determining quantum of maintenance...........
