Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Legitimacy of daughter is disputed by father - Daughter was born during continuance of marriage between her mother and father and that too within 280 days after their separation - No case of father that mother of daughter has contracted second marriage after separation - Moreover, in the absence of any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parties living separately - It is not open for husband to put forth the contention that he is willing to maintain petitioners, if they come and reside with them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation of torture and driving her out of matrimonial home was never reported to any authority - Wife admitted that husband had been to her father's house for taking her back - Father of wife stated that his daughter did not take any steps to return back to matrimonial home - Wife is residing in her..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Application u/s 125 Cr.P.C cannot be filed after order has been passed u/s 25 of Hindu Marriage Act - In view of S.25(2) of Hindu Marriage Act, wife can file appropriate application before concerned Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband is getting monthly salary of Rs.50,000 and he is owing 11 houses and getting Rs.90,000 as rent - He has not specifically disputed factum of owing houses and leasing out the same to third parties - Considering the economic status of parties, fixation of monthly maintenance at Rs.10,000 each..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance order by Family Court - Appeal thereagainst does not lie - Such order is amenable to Criminal Revision in High Court u/s 19(4) of Family Courts Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - Power to permit amendment being purely procedural in nature, Magistrate can permit amendment even in the absence of any provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - While considering maintenance claims of children, denial of love and affection is also a determinative factor, even though loss cannot be compensated with money...........
