Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Concept to grant maintenance under Act of 1956 is larger concept as compared to concept of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Magistrate while exercising jurisdiction u/s 125 Cr.P.C. cannot exercise jurisdiction u/s 20(3) of Act of 1956...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Daughter - S.125 Cr.P.C. limits the claim of maintenance of a child until he or she attains majority - However, claim of daughter who has attained majority is admissible only when by reason of any physical or mental abnormality or injury, she is unable to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Term "wife" appearing in S.125 Cr.P.C includes even a woman who lived with a man for a long time as his wife, even if her legal status as wife is not proved...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Marriage - Any person who performs a Muslim marriage is called Kazi - However, presence of Kazi appointed under Kazis Act is not mandatory in a Muslim Marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Validity of marriage - Wife averred that marriage is not registered under a Kazi appointed under Kazis Act - Evidence of Kazi is irrelevant in the case, because it is an admitted fact that said marriage was not registered - Trial Court failed to assess evidence adduced by wife's side in its..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8), Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - S.125(3) Cr.P.C is in pari material of S.5(8) of 2007 Act - Only difference is that period of filing application seeking enforcement in case of S.125(3) Cr.P.C is one year, whereas under 2007 Act, period prescribed is 3 months...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Once it is admitted that marriage rituals were followed then it is not necessary to further probe into whether said rituals were complete as per Hindu rites or not...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of marriage by husband - Husband claimed that wife is not his legally wedded wife and he has been married to one `S' and have two daughters - Wife however, stated that she was not aware that husband was already married but they lived for more than 10 years as husband and wife - Burden was on husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
