Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Unmarried major girl has right to claim maintenance from her father - This right flows from S.125 Cr.P.C. and S.20(3) Hindu Adoptions and Maintenance Act...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 5 -- Muslim woman - Maintenance - Awarded at Rs.500/- to wife and Rs.400/- to son - Contention that no consent of parties as provided under S.5 of Muslim Women Act had been filed and order passed by Magistrate is invalid - Appellant agreeing to continue payment of..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Prayer for grant of maintenance from date of application - Non grant of such prayer or part of such prayer - It is obligatory on the part of Court to assign reasons as to why maintenance though prayed for from date of application is not granted from that date - Non assignment of reasons amounts to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 Cr.P.C. are quasi civil and quasi criminal in nature...........
Family Courts Act, 1984, Section 7, 8, Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 5 -- Maintenance - Muslim woman - Family Court has jurisdiction to entertain application and decide whether applicant is neglected wife or divorced wife - It is also open to husband to prove that applicant is divorcee and not..........
Criminal Procedure Code, 1973, Section 125 -- Daughter - A father, whether a Hindu or Muslim, is under an obligation to maintain his daughter though a major till she gets married...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rs.250/- to wife and Rs.150/- each to two children awarded as maintenance - Revisional Court enhanced it to Rs.400/- to wife and Rs.250/- each to two children - Illegal on part of Revisional Court to enhance same as alteration in amount could be made u/s 127 in application before Magistrate who passed first order...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Is an interlocutory order - No revision lies against such an order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Allegation of wife that she was treated cruelly and there was demand of dowry - Husband levelling false charge of adultery - False charge of such nature itself justifies living separately - No illegality in recording statement of husband in question answer form - Husband earning Rs.40/- per day - No interference..........
Criminal Procedure Code, 1973, Section 125 -- Neglect or refusal to maintain - Furnishes the cause of action or ground to claim maintenance - It can be express or implied - It may be inferred from the words or conduct - If husband does not care for wife and minor children it is a case of neglect or refusal to maintain wife and child...........
