Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Divorced wife is entitled to maintenance till her remarriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Quantum of maintenance - Husband getting salary of Rs.3000 in 2011, as per his salary slip, which is his basic salary and D.A. and allowances were not mentioned in salary slip of husband - Said salary including D.A. and allowances would certainly be enhanced during last six years - Amount of..........
Criminal Procedure Code, 1973, Section 127, 125(4) -- Maintenance - Enhancement - Divorced wife - No perversity in allowing application of wife for enhancement of maintenance on changed circumstances and merely because she is living separately the same would not disentitle her from claiming maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Application u/s 12 of the Act - Maintainability - Merely because order u/s 125 Cr.P.C. is passed, it cannot be said that application under PWDV Act is not maintainable, as PWDV Act itself provides a separate application for claiming residence and monetary reliefs..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Marriage and inability of wife to maintain herself not disputed - However, living separately by wife not justified - Wife willingly left husband and living with some other person alleged to be her new husband - Material made available by husband sufficient to rebut claim of wife for interim maintenance -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Restoration of petition - Petition dismissed as dispute was stated to be resolved - Petition sought to be restored as disputed was not resolved - Held, Court has implied authority to restore the matter, in appropriate cases...........
Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Written application for interim maintenance is necessary after amendment of Cr.P.C. in 2001...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Expression `mother' used in S.125 Cr.P.C. denotes biological mother and not mother-i, law or step-mother - Thus, mother-i, law is not entitled to get maintenance from daughter-i, law u/s 125(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife working as Anganwadi worker - Actual earning of wife is paltry and she would require full maintenance in order to enjoy reasonable comforts as well as bring up her child - Order granting maintenance of Rs.1500/- to wife and Rs.500/- to the minor son, restored...........
Guardians and Wards Act, 1890, Section 10, 25, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 10 r/w S.25 of Act of 1890, being civil in nature, under special social welfare statue, will have overriding effect over general proceedings or findings recorded u/s 125 Cr.P.C. which is criminal in nature...........
