Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and three minor children - Denied on the ground that wife herself does not want to live with husband - Said finding is baseless and deserves to be set aside - Order denying maintenance to wife set aside - Matter remanded back to Family Court for fresh decision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enhancement of - No substance in the plea of wife that husband is getting Rs.35,000 pm from a Company he is employed and additional Rs.10,000 from agricultural land - Even, argument of wife that minimum wages of highly skilled worker in State of Rajasthan to which husband belongs in the year 2016 was 7,045..........
Criminal Procedure Code, 1973, Section 125, 407 -- Maintenance petition by wife - Transfer of petition - Petition filed by wife at Amritsar - Wife an Advocate by professional and she a member of District Bar Association, Amritsar - Grievance of husband is that no lawyer is accepting his brief - Husband and his counsel were threatened by Advocates representing wife -..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea taken by husband that his income is on lower side is not substantiated or proved by him - Amount of maintenance as determined by Family Court @ Rs.1000 pm is too meager, particularly when wife has no independent source of income - Even otherwise, determination made was not correlated with actual..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Claim of maintenance of Rs.10,000/- per month - Where wife claims a specific amount of maintenance, concept of determining maintenance @ 1/3rd of total income accruing to husband cannot be made as a foundation of deciding application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorce proceedings at the instance of husband was dismissed - Husband was owner of two buses and he is having an income of about Rs.50,000/- p.m from said transport business - Said fact not denied by husband but he has taken a plea that he sold the buses to scrap dealer - However, there is no evidence to..........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Rejection of earlier claim for maintenance u/s 125 Cr.P.C made by wife is not a bar to file an application for grant of interim maintenance in proceeding initiated by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife getting pension - Cannot be taken as a ruse to disallow maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife doing coolie work by wife to eke out livelihood - Not a ground to discard her claim for maintenance...........
