Criminal Procedure Code, 1973, Section 125 -- Second petition for maintenance - Maintenance granted earlier - Second petition is hit by principle of res judicata - In case there is change in circumstances the legal recourse available is u/s 127 Cr.P.C. - Case will be different if earlier petition is dismissed for non prosecution or otherwise...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Relationship between husband and wife is not disputed - Nothing on record to show that wife has deserted matrimonial home of her own will - Wife has no independent source of income - Husband being able bodied person cannot escape responsibility of providing maintenance to his estranged wife - Family Court..........
Criminal Procedure Code, 1973, Section 125, 127(2) -- Maintenance - Cancellation - Order of cancellation shall be effective only from date of order and it cannot date back to the date of application - Till the order is altered, modified or cancelled, the earlier orders will remain effective - Order of cancellation of maintenance always operates prospectively and not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - If petition is filed alongwith affidavit, disclosing residential address of petitioner in the duly sworn affidavit, that itself is sufficient to continue the proceedings to provide immediate relief to the destitute wife/children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband intentionally did not produce his three years bank account statement showing his financial status - It is thus, presumed that he was having a good financial status - Even, considering husband as an unskilled labourer, his earning is more than Rs.12,000/- p.m - Moreover, husband is an able bodied..........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Application for recovery of arrears is maintainable only to extent of one year prior to filing of application...........
