Criminal Procedure Code, 1973, Section 125, 195, 340, Indian Penal Code, 1860, Section 191, 192, 193 -- Maintenance - False evidence by wife as to income - Direction to take action for offence u/ss 191, 192 & 193 IPC - Laws in favour of distressed wife when misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife is not entitled to maintenance if without any sufficient reason she refuses to live with her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately from husband and marriage between parties is still subsisting - Husband being Army personnel getting more than Rs.45,000 p.m - Thus, maintenance of Rs.15,000 p.m rightly granted by Court below...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Fact that wife is a physiotherapist concealed in the petition - It appears that wife is hiding facts - She is capable of earning - Trial Court is yet to consider the case on merits - Court has to determine whether a qualified woman who can get a job can sit idle and insist on maintenance -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband admittedly more than Rs.5 lacs per annum - Wife has not provided any material to find out income of husband - Both children are residing with husband and amount of Rs.5 lacs is being spent annually on them for their education - There is no contribution from wife - Amount of Rs.25,000/-,..........
Criminal Procedure Code, 1973, Section 125, Constitution of India, 1950 -- Maintenance to wife - Parties belong to scheduled tribe - Jurisdiction of district Court - Office of AG made party to petition - Merely because AG is one of the respondent, is no ground that District Court has jurisdiction to determine maintenance between two tribals - Therefore, matter remitted..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - A woman who has been divorced by her husband on account of a decree passed by Family Court under Hindu Marriage Act, continues to enjoy the status of wife for the limited purpose of claiming maintenance allowance from her ex-husband as per S.125(1) Explanation (b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to illegitimate daughter - Father contended that since mother of child is living in adultery and minor daughter is not his daughter, he is not bound to maintain her - Contention rejected, as said contention has no substance in view of S.125(1)(b) Cr.P.C. - Maintenance rightly awarded to illegitimate daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Because of harassment wife could not continue to reside in her matrimonial house - After passing of decree of restitution of conjugal rights, she resided with husband but thereafter she was given ill-treatment and husband expelled from her matrimonial house - With justifiable grounds wife is living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order as to payment of maintenance from date of order - Maintenance petition decided after 12 years - No reasons as to why maintenance awarded has not been granted from the date of filing of maintenance petition - Matter remitted back to Court concerned with direction to give findings afresh in this regard..........
