Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Involvement of a wife in lapses of virtue will not disqualify her from entitlement to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Commission of adultery and living in adultery have its own connotations and each has to be established by cogent evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Husband maintaining some doubts about relationship of wife and one `P' - True that husband has only spoken about some instances of meeting together of the parties, but that evidence is highly insufficient to hold that wife is living in adultery with `P'...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance allowance - Cannot be ordered to be deposited in Bank account, as it is meant to be released to party or to next friend in case party is a minor - Direction issued to husband to open Bank account in the name of minor daughter and to deposit monthly maintenance allowance in her favour, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried - However, husband failed to produce any documentary evidence in this regard - Wife on the other hand failed to enter into box to state truth about allegation that she married another person and was staying with him - Failure of wife to tender evidence to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried and daughter is admitted in Yatheemghana - However, husband failed to examine any witness and to adduce any documentary evidence to justify said averments - Daughter is admitted in educational institution in 6th standard which is not a Yatheemghana - Monthly..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Liability to pay maintenance u/s 125 Cr.P.C is in the nature of continuing liability - Accordingly, in case of a default in complying with an order passed u/s 125(1) for payment of maintenance or for any breach thereof, invocation of exercise of power u/s 125(3) Cr.P.C by Magistrate cannot..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance in a petition filed u/s 125 Cr.P.C. - Interim maintenance is subject to final adjudication of main petition and it is only provisional maintenance which is subject to final determination to be made on conclusion of the proceedings - Petition to quash order granting interim maintenance, dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage not a ground for refusal of maintenance if other requirements of S.125 Cr.P.C. are fulfilled...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wrong mentioning of date of marriage in application - Such type of error cannot be given much importance in proceedings u/s 125 Cr.P.C, as such error may crept in due to lapse of time or by mistake...........
