Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Application of wife rejected solely on basis of qualification and her capacity to earn - Merely because wife is qualified, it is no ground to hold that she is in position to maintain herself - Trial Court erred in rejecting application without considering ability of wife to maintain herself or not - Order..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Word used u/s 125(4) Cr.P.C, does not mean a single act of adultery - It refers to continuous adultery and means something more than a single lapse of virtue...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - One photograph was filed by husband proving that wife is living in adultery with one person - However, said photograph was not proved on record - Even if it is presumed that said photograph is proved, then also it does not prove that wife is living in adultery - Ground of adultery held, not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceeding u/s 125 Cr.P.C. is summary proceeding - Order does not determine right of parties...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - `A person having sufficient means' means a person who has capacity to earn - When actual income could not be proved by wife, average income of husband is to be assessed...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Merely on the ground that wife filed divorce petition, maintenance cannot be refused - Even if there is valid decree of divorce, still wife is entitled to maintenance till she gets remarried and becomes wife of other person, if she qualifies all other aspects of S.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second wife - Second marriage during subsistence of first marriage and with full knowledge that first wife is still alive - Held, second wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Once children attain majority they would cease to get any benefit u/s 125 Cr.P.C. - However, as long as daughter remains unmarried and unable to support herself, even though qualified, an obligation is cast upon her father to..........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
