Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife performed second marriage during subsistence of her previous marriage - Burden of proof - Fact that wife had not been divorced by her former husband claimed by husband - Burden is on him to establish that no such divorce was effected between wife and her former husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings are quasi civil in nature - Matters are decided on the principle of preponderance of probability and not on the principle of proving the case beyond reasonable doubt...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - An agreement by which a wife waives her right guaranteed u/s 125 Cr.P.C. is an agreement against public policy, hence void...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorce by mutual consent u/s 13-B of Hindu Marriage Act granted and wife accepted lump sum amount of maintenance as full and final settlement - Parties residing separately - Held, wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Muslim woman - Divorce not a ground of refusing maintenance u/s 125 Cr.P.C. - Even a divorced Muslim woman is entitled to claim maintenance from her divorced husband, as long as she does not remarry - Income of husband Rs.Two lacs p.m. - Maintenance of Rs.10,000/- to wife and Rs.5,000/- each to minor children,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted at the rate of Rs.5,000/- p.m. and the same reduced to Rs.4,000/- by ADJ - Increase of pay of husband during pendency of proceedings - Held, Court can grant maintenance considering enhanced salary of husband from the date of revision in pay scale of husband - In the instant case husband directed to pay..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife is entitled to the same standard of living as she would have while residing with her husband...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom warrant is issued fails..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - If amendment sought for does not constitute a new cause of action or raise a new case, but only amounts to adding to the facts already on record, the amendment sought for can be allowed even after the statutory period of limitation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by child - Dispute as to paternity of child - DNA test - Held, concept of testimonial compulsion is applicable only to criminal cases by virtue of Art.20(3) of Constitution - For conducting necessary medical tests including DNA test for purpose of deciding paternity of a child or for any other similar..........
