Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Maintenance holder cannot be permitted to accumulate maintenance for a period more than 12 months and as such no application for execution of maintenance order can be entertained for a period exceeding 12 months immediately preceding the date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Qualified wife - Wife even if well qualified, is not dis-entitled from claiming her legal maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is employed as JBT teacher and getting a handsome salary of Rs.60,000 pm - He is an able bodied man - Order granting interim maintenance of Rs.10,000/- to wife is proper...........
Criminal Procedure Code, 1973, Section 397, 125 -- Revision - Order of rejection of application u/s 125 Cr.P.C - Court below passed erroneous order by considering income of husband as Rs.30,000 only - Whereas, Husband admitted his salary as Rs.47,000 p.m - Finding runs against the record and not in accordance with law - Revisional Court has ample power to correct order and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to maintenance u/s 125 Cr.P.C once she had taken resort to proceeding u/s 125 Cr.P.C. notwithstanding availability of alternative remedy provided under Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a house wife and has no independent source of income and having no moveable or immovable property in her name - She is solely dependent on husband - Family Court assessed the income of husband @ Rs.30,000/- p.m - Maintenance @ Rs.10,000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage of both the parties and both of them have one child each from their earlier marriage - Nothing on record that wife has left matrimonial home with her own will and has any independent source of income - Husband had solemnized the marriage with wife with open eyes - Husband is owner in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compelling husband to file his salary slip in maintenance proceedings - Cannot be termed as violation of his privacy where financial status of parties is one of relevant consideration for adjudicating the lis - Court to draw adverse inference on failure of husband to file his salary slip...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compelling husband to file his salary slip in maintenance proceedings - Husband is not an accused - Protection granted u/art 20(3) of Constitution does not apply to husband...........
