Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband has no personal knowledge about involvement of wife in adultery, as he himself admitted that he came to know about said fact from village gentries - Even mother of wife deposed about the same, but no evidence on record to prove said fact - It cannot be said that husband has..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Where there is no proper evidence regarding income of husband, Court has no option but to presume the income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - When both the sides failed to prove the income of husband by adducing proper evidence, matter requires to be remanded back to Family Court for appreciation of evidence - Case remanded for fresh decision - However, amount of maintenance cannot be disturbed at this stage and thereby..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance to wife - Quashing of maintenance order - Settlement arrived at between parties - Divorce by mutual consent is granted in view of settlement - Impugned order of maintenance set aside, as sufficient amount including permanent alimony was already granted to wife...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 20 -- Interim maintenance - Petition u/s 125 Cr.P.C. and PWDV Act simultaneously - Maintainability - Provisions of Cr.P.C. and PWDV Act are different in nature for different cause and purpose - Moreover, they are not substitute to each other but they are in addition to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Does not include the provision or a right to seek lump sum amount for residential accommodation though the word `maintenance' includes all benefits towards food, lodging, boarding, medicines, clothes, transportation, education, entertainment etc...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proof of marriage - In proceedings u/s 125 Cr.P.C. strict proof of marriage is not essential - Standard of proof u/s 125 Cr.P.C. is not akin to matrimonial proceedings as these proceedings are summary in nature and meant to prevent vagrancy...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No specific denial by husband about matrimony - No evidence lead with regard to plea that at time of marriage wife was already married and was not divorced by her previous husband - On the contrary, evidence adduced by wife remained uncontroverted to the extent of factum of matrimony, her vagrancy and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Judicially separated wife - She is entitled to maintenance - If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because trial Court has not given a finding that wife is not able to look after herself, that does not mean that she is not entitled for maintenance - High Court is required to look into the question whether wife is entitled to maintenance or not and if so the quantum of maintenance - Since High..........
