Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of maintenance allowance from date of application without recording specific reasons is not sanction of law...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - When a party claims maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law - No doubt, deviation therefrom can be had for specific reasons to be recorded in writing and not otherwise...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - Family Court has power to recall and restore a proceeding u/s 125 Cr.P.C disposed of and dismissed due to non-appearance of applicant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - An application for maintenance is not a complaint as defined in S.2(d) Cr.P.C. - Bar contained in S.362 Cr.P.C. is not attracted - Proceedings u/s 125 Cr.P.C. dismissed for non appearance can be restored...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns do not necessarily furnish an accurate guide of real income - It is for Family Court to determine on a holistic assessment of evidence what would be real income of husband so as to enable wife and children to live in a condition commensurate with status to which they were accustomed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order of maintenance passed by Court on an application filed by wife u/s 125(1) Cr.P.C cannot be taken as exception merely because husband is ready and willing to take her back...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance is a matter of right to wife so long as wife remains a legally wedded wife of husband and fact that she has been deserted by husband...........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded while deciding application u/s 125 Cr.P.C do not constitute res judicata...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Magistrate has power to enforce an order of maintenance by issuing a warrant to the Collector to recover the same as arrears of land revenue...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
