Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and her son - Denial of - Wife concealed factum of her re-marriage with two persons one after the other, while filing application u/s 125 Cr.P.C - She admitted that son born out of wedlock with husband, who was living with her parents and who maintain him - Moreover, wife herself is an educated woman having..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Opportunity to cross-examine wife - Leaving a wife uncross-examined is likely to result in creating obstacle in correctly appreciating evidence - Liability of delay cannot be laid squarely on shoulders of husband, as there have been many dates on which even wife did not appear in the Court - Since matter..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - If there is constant insinuation and allegation about character of wife without substance and in such circumstances, if wife leaves matrimonial house, it cannot be said that there is no sufficient reason for wife to refuse to live with her husband...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Single instance of adultery - Not sufficient to refuse maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Single instance of adultery - Merely because one `S' was in bedroom of wife in a house where two daughters of parties were staying, it cannot be said that wife had committed adultery with him - Even if for the sake of argument it is accepted that wife had committed adultery, then also there is no..........
Protection of Women From Domestic Violence Act, 2005, Section 20, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Declined u/s 20 of Act of 2005 - Magistrate cannot grant maintenance u/s 125 Cr.P.C. which was not pending before him as proceedings under the two Acts are independent proceedings - Grant of maintenance is without jurisdiction and wholly unjustified..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor sons - Sons living with mother - Earning mother - (i) Maintenance by father cannot be denied merely because mother is employed; (ii) Mere fact that mother is earning more that salary of father cannot absolve father of his responsibility to maintain his minor sons; (iii) Even if it is found that mother is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced Muslim wife is entitled to claim maintenance u/s 125 Cr.P.C even beyond iddat period and for whole life unless she is disqualified for reasons such as entering into marriage with someone else...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Plea of inability to pay taken by husband - Income of husband 25 to 30 thousand - Maintenance of Rs.3000/- p.m. not on higher side...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Earlier maintenance application of wife disposed of by treating same under provision of S.3 of Muslim Women Act - Claim of wife u/s 125 Cr.P.C was not decided in an earlier application, nor any maintenance beyond period of iddat was granted nor fair and reasonable provision was made towards..........
