Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave husband as he had second marriage - There is no proof that wife voluntarily deserted husband due to her adulterous conduct - Husband admitted that he is having dhaba house worth Rs.8 to 10 lakhs and he was earning Rs.5,000 to 6,000 p.m. - Maintenance @ Rs.3000 p.m. to wife held,..........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 6, Rule 17 -- Maintenance - Amendment of petition - Proceedings are quasi civil in nature meaning thereby that it has ingredients of both civil and criminal - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Rise in cost of living - Amounts to change in circumstances - Wife entitled to claim enhanced maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea that wife is professionally qualified and is earning well - No document in support of such plea filed - Plea in absence of any supporting document, remains a disputed question and needs to be tested in trial - Order granting interim maintenance, upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Merely by making an aspersion is not sufficient to prove grave allegation of adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to deceased son who died during pendency of proceedings - Liability of father - Son died in a road accident during pendency of proceedings - Father's liability to maintain son continued from date of order till date of his death and thus, liable to pay maintenance to mother as maintenance allowance for son...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - Mere status as unmarried daughter whatever be a religion does not entitle her to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - Father's liability to maintain daughter is limited till date she attained majority, unless her inability to maintain herself is attributable to her physical or mental abnormality or injury...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation that wife is deriving income or living in adultery not proved by husband, as he had not mounted to box and let in any contra evidence - Oral testimony of wife stands uncontroverted - No material to prove that wife has any avocation to maintain herself - Family Court rightly awarded maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An able bodied young man is presumed to be capable of earning sufficient money so as to be able to reasonably maintain his wife and child and he cannot be heard to say that he is not in a position to earn enough to be able to maintain them according to family standard...........
