Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife and son - Adultery - Husband denied the paternity of son born to wife - DNA profile of son not matched with DNA profile of husband - Son held, not born from cohabitation of husband and wife and therefore, wife is living in adultery - Maintenance rightly denied to wife and son...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Warrant for imprisonment - Husband was ordered to pay maintenance of Rs.8000 to wife and daughter - However, husband paid a paltry sum of Rs.10,000 towards part payment and failed to pay balance amount of maintenance - Husband has sufficient means to maintain wife and her daughter but..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Wife will not be entitled to get monthly maintenance allowance u/s 125(4) Cr.P.C, if she refuses to live with her husband without any valid reason, or living in adultery or separately by mutual consent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Muslim divorced woman is entitled to get maintenance u/s 125 Cr.P.C after Iddat period as long as she does not remarry and if she is otherwise so entitled - Order denying maintenance to wife set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance order - Enforcement - Limitation of one year - Applicable only in case of issuance of warrant for recovery - Limitation of one year does not create a fetter on the right to claim enforcement u/s 128 of the Code...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Mere fact that wife is also earning by working as a teacher in Education department, husband cannot shrug off his responsibility to bear expenses for upbringing of child - Maintenance @ Rs.15,000/- as awarded by Court below to minor daughter cannot be said to be excessive or unreasonable by any stretch of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Amount of maintenance fixed @ Rs.3,500 for wife - In present days of high price rise, it cannot be said that maintenance granted is either excessive or disproportionate - Impugned order does not require any interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife was harassed and humiliated by husband and was turned out of matrimonial home - Husband is an able bodied man and has sufficient means to maintain his wife and son - Legal and moral obligation of husband to maintain his wife and child cannot be disputed - Maintenance @ Rs.5000/- p.m rightly..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Change of circumstances includes rise in cost of living, fact of inflation, resulting in fall in purchasing power of money and consequent rising cost of commodities which can be taken as grounds for enhancing maintenance...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and daughter - Enhancement - Award of maintenance of Rs.2,000/- each to wife and daughter in 2010 - Daughter in 2016 was in 6th class studying in private school and also taking coaching and thus her expenses had increased - Husband is working as Senior Manager in Bank and his gross salary as admitted by..........
