Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife proved by cogent evidence that she is legally wedded wife of husband and her son is the son of husband - Husband denied the paternity of son, however he refused to undergo DNA test - Wife on the other hand led sufficient evidence to prove that husband had access to wife - There..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - There is cloud over sources of income of husband and sources of income of wife - Truth regarding their sources of income is required to be ascertained to determine quantum of maintenance - Court below while determining maintenance has not followed the directions as contained in Rajnesh V Neha Case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is awarded on basis of financial capacity of husband and other relevant factors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is earning Rs.5 lakhs p.m - No medical evidence on record that husband is handicapped and suffering from ailment of Rheumatoid Arthritis - Family Court rightly considered the income of husband and granted maintenance to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Christian daughter is entitled to claim interim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Claim of daughter for maintenance is a pending consideration of Family Court - Whether daughter is entitled to claim interim maintenance under common law or u/s 125 Cr.P.C alone is a matter to be decided by Family Court at the time of final adjudication - Till such time original petition for..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - When high end luxurious cars owned by husband cannot be disputed, prima facie valuation put forth by wife, in absence of denial thereto without any material, on oath by husband, can be taken as base to determine interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns subsequent to the filing of application of maintenance cannot be considered for determining interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Allegation that wife leads adulterous life is required to be proved by leading cogent evidence - Mere production of photographs that too before High Court will not suffice to assert that wife leads adulterous life and therefore she is not entitled to maintenance - Wife rightly awarded..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
