Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Merely on the ground that wife filed divorce petition, maintenance cannot be refused - Even if there is valid decree of divorce, still wife is entitled to maintenance till she gets remarried and becomes wife of other person, if she qualifies all other aspects of S.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second wife - Second marriage during subsistence of first marriage and with full knowledge that first wife is still alive - Held, second wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Once children attain majority they would cease to get any benefit u/s 125 Cr.P.C. - However, as long as daughter remains unmarried and unable to support herself, even though qualified, an obligation is cast upon her father to..........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - Magistrate cannot impose sentence of more than one month - Impugned orders of imposing sentence for more than one month in all revision petitions quashed and set aside - Sentence awarded in each revision petitions reduced to a period of one month...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to join husband in spite of there being order passed u/s 9 of Hindu Marriage Act - Thus, she is not entitled to maintenance u/s 125 Cr.P.C. - Application rightly dismissed qua wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband tried to conceal his actual income - However, husband admitted his share in agricultural land and its produce and that he is working in factory - Considering minimum wages prevalent in State, income of husband cannot be considered less than Rs.12,000 p.m - Court below erred in considering..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be refused merely because wife not obeying the decree of restitution of conjugal rights passed against her, particularly when appeal against said decree is pending...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife filed application on the allegation that husband turned her out of matrimonial home and re-married - However, husband stands acquitted in case of bigamy filed against him by wife - Even otherwise, significant agricultural land has devolved upon wife from her father's property - Wife failed to prove..........
