Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Merely because wife is working and earning income, it would not be ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Normal healthy person may be fairly educated is presumed to be capable of earning - Presumption does not extend to conclude that such earning would be sufficient to maintain such a person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ss.24, 25 of Hindu Marriage Act and S.18 of HAMA do not stand in way of a Magistrate granting relief u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C is summary in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Husband willfully neglected and refused to maintain his wife and minor son - Mere fact that husband has to look after his parents, he cannot be relieved of his obligations, as if a man is healthy and able bodied, he must be held to have means to support his wife and children - Maintenance..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Concept to grant maintenance under Act of 1956 is larger concept as compared to concept of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Magistrate while exercising jurisdiction u/s 125 Cr.P.C. cannot exercise jurisdiction u/s 20(3) of Act of 1956...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Daughter - S.125 Cr.P.C. limits the claim of maintenance of a child until he or she attains majority - However, claim of daughter who has attained majority is admissible only when by reason of any physical or mental abnormality or injury, she is unable to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Term "wife" appearing in S.125 Cr.P.C includes even a woman who lived with a man for a long time as his wife, even if her legal status as wife is not proved...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Marriage - Any person who performs a Muslim marriage is called Kazi - However, presence of Kazi appointed under Kazis Act is not mandatory in a Muslim Marriage...........
