Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Acquittal of husband in criminal case - Does not disentitle wife from claiming maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife nowhere pleaded in her application that he is unable to maintain herself - However, there is specific pleading in the application that wife is facing great scarcity of funds and she has to arrange money for day to day expenses of household - Said averments gives no other meaning..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified person and his annual package of salary is Rs.8.5 lakhs - Father of husband was a government contractor - Husband paying EMI of Rs.25,964 p.m and also Rs.10,000 as rent, his income cannot be less than Rs.50,000 p.m in any manner - Wife held, entitled to maintenance @ Rs.10,000 p.m..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Unemployed husband who met with an accident resulting in amputation of his right leg, not in a position to earn his livelihood, is not liable to pay maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compensation awarded to husband on account of disability suffered in a motor accident - S.125 Cr.P.C cannot be construed to mean that it casts an obligation on person to pay maintenance to his wife and children out of compensation awarded to husband for disability suffered in a motor accident...........
Criminal Procedure Code, 1973, Section 125(4), (5) -- Maintenance to wife and children - Husband looking after wife and children till he met with an accident which resulted in amputation of his right leg - Wife and children refused to live with him only after he was hospitalized, without sufficient reasons - No material on record that husband neglected to maintain and look..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is working as Constable in RPF and getting monthly salary between 30,000 to 35000 p.m - It is thus, proper to fix Rs.8000 as monthly maintenance to wife payable by husband - However, maintenance of Rs.2000 to minor daughter which is already fixed by SDJM held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
