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..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Fixed keeping in view the status of parties by looking to the photographs of marriage ceremonies which speak volumes about status of parties - Order as to grant of interim maintenance of Rs.10,000/- per month upheld...........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Only tentative and subject to fixation of interim or final maintenance - At this stage trial Court has to only form a prima facie opinion...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Criminal Procedure Code, 1973, Section 340, 125 -- False evidence - Proceedings u/s 125 Cr.P.C. - Giving false evidence by wife stated to be : (a) he and his family members got sex determination test for knowing fetus in womb either female or male child by astrologer etc. at the time of pregnancy of seven weeks some days; (b) mentioning of wrong or false date of Jat..........
Criminal Procedure Code, 1973, Section 340, 125 -- Application u/s 340 Cr.P.C in proceedings u/s 125 Cr.P.C - Appointment of amicus curiae - Mere fact that counsel representing wife in proceedings u/s 125 Cr.P.C appointed as amicus curiae for assistance to Court in decision of application u/s 340 Cr.P.C, would not debar Court from seeking inputs from him on question of..........
