Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Article 125 -- Execution - Payment made outside Court - J.D. must get certificate from Court of payments made to D.H. out of Court - Limitation for such certificate is thirty days from the date of payment...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Evidence - By way of affidavit - Rejected on the ground that evidence does not fit into the definition of 'Evidence' as defined u/s 3 of Evidence Act - Entire approach of trial Court is illegal and perverse - Impugned order cannot be sustained - Matter remanded for decision afresh...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition by wife - Husband not filing written statement - Maintenance allowed - Appeal against - Without filing written statement husband cannot find fault with decision of trial Court - Husband is estopped from challenging award of maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim wife - Talaq - Wife admitted that husband pronounced talaq thrice in her presence - It is no valid dissolution of marriage - Admission of wife by itself does not stand in her way of claiming maintenance - There should be an attempt of mediation by two mediators, one on the side of husband and the other on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim wife - Talaq - Power of attorney holder is not competent to give evidence to the circumstance and the manner in which talaq was pronounced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage of a Hindu male with a Christian female - Marriage is valid under Indian Christian Marriage Act - Wife is entitled to maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Long co-habitation - Society and relatives treated them as husband and wife - There is presumption of valid marriage - Such presumption is rebuttable - PW1 when deposed about marriage not cross examined - Presumption not rebutted - Maintenance allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from which date - Wife left matrimonial home with no choice except to stay with her parents - Wife not able to maintain herself because of ill health - Wife not responsible for delay in proceedings - Maintenance is payable from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - 'Not exceeding Rs.500/- in the whole' - Deleted w.e.f. 24.9.2001 - Order passed on 12.1.2004 for payment of Rs.1000/- per month as maintenance to wife from the date of her application i.e. 9.7.2001 - Held, justified...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted at the rate of Rs.1, 000/- per month - Sessions Judge in revision reduced it to Rs.300/- per month on the ground that husband had to look after his mother - Husband had two brothers to maintain his mother and he also failed to prove that his monthly income was Rs.1500/- - Order of Sessions Judge set aside..........
