Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - No Indian woman will state that she had married a particular person from whom she had even produced a nine year old child unless such an allegation is correct - Husband and wife who are alleged to have co-habited together, it shall be presumed that they shall be considered to be husband and wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim woman - Plea of husband that he had already divorced his wife in presence of witnesses and a written information was sent to wife by Registered A.D. - Husband thereafter submitted an application under the provisions of Ss.4 & 5 of Muslim Women (Protection of Rights on Divorce) Act, 1986 - Held, it is a..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Payable from date of application - Reasons need not be given for an order of interim maintenance payable from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Maintenance petition by wife and daughter - Plea of divorce - Denied by wife - Wife is entitled to get interim maintenance till adjudication of the plea of divorce in the main petition - Daughter is entitled to get interim maintenance upto the date of attaining majority...........
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Article 125 -- Execution - Payment made outside Court - J.D. must get certificate from Court of payments made to D.H. out of Court - Limitation for such certificate is thirty days from the date of payment...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Evidence - By way of affidavit - Rejected on the ground that evidence does not fit into the definition of 'Evidence' as defined u/s 3 of Evidence Act - Entire approach of trial Court is illegal and perverse - Impugned order cannot be sustained - Matter remanded for decision afresh...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition by wife - Husband not filing written statement - Maintenance allowed - Appeal against - Without filing written statement husband cannot find fault with decision of trial Court - Husband is estopped from challenging award of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim wife - Talaq - Wife admitted that husband pronounced talaq thrice in her presence - It is no valid dissolution of marriage - Admission of wife by itself does not stand in her way of claiming maintenance - There should be an attempt of mediation by two mediators, one on the side of husband and the other on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim wife - Talaq - Power of attorney holder is not competent to give evidence to the circumstance and the manner in which talaq was pronounced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage of a Hindu male with a Christian female - Marriage is valid under Indian Christian Marriage Act - Wife is entitled to maintenance u/s 125 Cr.P.C...........
