Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Merely because wife has chosen to file application after 36 years of marriage, husband who admittedly earns Rs.40,000 p.m cannot absolve of his obligation to pay interim maintenance - No jurisdictional error or apparent error on the face of record in awarding meagre sum of Rs.5,000 to wife as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband admitted that he was earning a monthly income of Rs.42,900/- - Mere fact that wife was enrolled with Bar Council of Rajasthan, would not mean that she could maintain herself and her daughter - Maintenance rightly granted to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Provision of S.125 Cr.P.C is enacted for social justice and specially to protect woman and children and also old and infirm parents and falls within constitutional sweep of Art.14(3) of Constitution reinforced by Art.39 of Constitution...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife is unable to maintain herself and husband had turned her wife on account of non-fulfillment of dowry demands - She is simple house wife having no independent earning - It is incumbent upon husband to provide financial succor to wife - Maintenance @ Rs.3000/- to wife and Rs.2000/- to son from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from which date - Rajnesh Vs Neha, Criminal Appeal No.730 of 2020 (Supreme Court) followed wherein held : Right to claim maintenance must date back to date of filing application, since period during which maintenance proceedings remained pending is not within control of applicant - Maintenance awarded from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to file an affidavit of his assets and liabilities in response to the copy of affidavit of assets and liabilities of wife supplied to husband till awarding of interim maintenance by Family Court - It cannot be said that no proper opportunity of hearing was granted to husband - Even after..........
Criminal Procedure Code, 1973, Section 125, 421 -- Arrears of maintenance - Non payment - Warrant of arrest cannot be issued straight way without levying the amount due as fine and without making any attempt for realisation that fine in one or both the modes for recovery as provided in S.421(1) Clause (a) or (b) say by issuance of distress warrant for attachment and sale..........
Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Petition u/s 127 Cr.P.C is not maintainable without there being any determination of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Cancellation of order allowing maintenance on the ground of husband getting ex parte decree of restitution of conjugal rights - Cancellation order passed mechanically without discussing the effect of such ex parte decree on the wife's claim to maintenance - Husband after passing of decree of..........
