Criminal Procedure Code, 1973, Section 125 -- Second petition for maintenance - Maintenance granted earlier - Second petition is hit by principle of res judicata - In case there is change in circumstances the legal recourse available is u/s 127 Cr.P.C. - Case will be different if earlier petition is dismissed for non prosecution or otherwise...........
Criminal Procedure Code, 1973, Section 127 -- `Change in circumstances' - Not only includes a change in financial circumstances of husband or wife but may also include other circumstantial changes in husband's or wife's life which have arisen since maintenance was first awarded...........
Interim maintenance -- Husband has not come with clean hands before Court to disclose the annual income - He has enough resources to take housing loan of Rs.20 lacs and has a business in the nature of agricultural operations besides other source of income which he has deliberately concealed from Court - Wife is entitled to Rs.25,000 p.m towards interim maintenance from..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife is educated and is doing something to survive since she has been thrown out of her matrimonial home cannot be a reason to deny interim maintenance - Moreover, an able bodied husband cannot argue that he is not in a position to maintain his wife - Interim maintenance rightly granted to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Relationship between husband and wife is not disputed - Nothing on record to show that wife has deserted matrimonial home of her own will - Wife has no independent source of income - Husband being able bodied person cannot escape responsibility of providing maintenance to his estranged wife - Family Court..........
Criminal Procedure Code, 1973, Section 125, 127(2) -- Maintenance - Cancellation - Order of cancellation shall be effective only from date of order and it cannot date back to the date of application - Till the order is altered, modified or cancelled, the earlier orders will remain effective - Order of cancellation of maintenance always operates prospectively and not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Power of remand - Appellate Tribunal is not conferred with power of remand u/s 16 of the Act and upon entertaining appeal must either reject or accept the same, wholly or partly as the case may be...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Would be contrary to public policy and unenforceable - Wife would be entitled to seek maintenance, if she is unable to maintain herself...........
