Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorce Muslim woman is entitled to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Date from which payable - Trial Court awarded maintenance to wife from date of order - However, as per Rajnesh and Neha case, maintenance should be paid from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Finding of fact regarding monthly income of husband given by trial Court, not permissible to be substituted by revisional Court by its own finding and a different finding while exercising jurisdiction in criminal revision - Impugned order of revisional Court set aside...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Divorced Muslim woman can seek maintenance u/s 125 Cr.P.C until she obtains reliefs u/s 3 of 1986 Act - An order passed u/s 125 Cr.P.C shall continue to remain in force until amount payable u/s 3 of 1986 Act is paid...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
Criminal Procedure Code, 1973, Section 125(1)(b), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Unmarried major daughter - Right of major unmarried daughter for maintenance from parents after attaining majority till her marriage flows from combined reading of S.125 Cr.P.C and S.20(3) of Hindu Adoptions and Maintenance Act - Maintenance rightly..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - When husband himself wanted to remarry after leaving wife and had two children from second marriage, provision of S.125(4) Cr.P.C would not apply in the case - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - It is discretion of Magistrate to fix monthly interim maintenance but discretion should not be exercised in arbitrary manner...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Court should consider contentions already raised by respondent either by way of objection filed in the maintenance case or filed in the petition seeking monthly interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cryptic order - Order passed without application of mind to any of the pleadings available and without being specific about the date upto which party entitled to interim maintenance - Impugned order set aside - Matter remitted for reconsideration...........
