Criminal Procedure Code, 1973, Section 125 -- Maintenance - Provision presupposes grant of maintenance from date of application - Absence of mentioning the date is to be construed that maintenance is granted from date of order - Reasons are to be recorded when maintenance is granted from date of order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Contention of husband that he is not earning anything - Evidence showing that husband had an income of Rs.5, 000/- p.m. - Held, trial Court is justified in awarding maintenance of Rs.1, 000/- p.m. to wife...........
Criminal Procedure Code, 1973, Section 125 -- Child - Maintenance - Only question before Court will be whether the person who denies paternity is actually the father of the child or not - Court not to be prejudiced on the ground that mother is either immoral or unchaste...........
Criminal Procedure Code, 1973, Section 125, 293(4) -- Child - Maintenance - Paternity - DNA report by Govt. Scientific Expert not enumerated under S.293(4) - Can be admitted in evidence without examination of the expert...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Only legally married wife is entitled to claim maintenance - Marriage with a man having a living spouse - Marriage is a nullity - Such a wife is not entitled to maintenance u/s 125 Cr.P.C. - Wife not informed about husbands' earlier marriage when she married him is of no avail as rule of estoppel is not applicable..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife stayed with husband for certain period - Held, wife not entitled to maintenance for that period...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Customary divorce deed/consent deed whereby wife relinquished her claim for past and future maintenance - Held, unless there is decree of divorce passed by competent Court, marriage cannot be dissolved by such consent deed and/or divorce deed - Such divorce deed/consent deed is illegal and has no effect on the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Wife claimed maintenance @ Rs.1, 000/- per month - Magistrate granted Rs.500/- per month - Wife could not meet both ends and educate her son with meagre amount of Rs.500/- p.m. - Husband serving in Government and earning Rs.8, 000/- p.m. - Amount claimed is 1/8th of salary which is most fair and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petition dismissed - Second petition - Not barred when there is justifiable reason for refusal of wife to live with her husband which is different and distinct from the one propounded at the time of claiming maintenance earlier...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Declined by trial Court - Confirmed by Revisional Court - Granted by High Court - Judgment of High Court set aside being perverse - High Court even in exercise of its inherent jurisdiction is not empowered to set aside concurrent finding of fact of Courts below without adverting to evidence or recording reasons...........
