Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Reduction of - Husband solemnized second marriage and has a child from second marriage - He thus, has equal responsibility towards child from second marriage - Reduction of amount of maintenance after birth of child from second marriage cannot be found fault with...........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Interim monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Wife was awarded maintenance in a proceeding u/s 125 Cr.P.C - Husband thus, entitled to have adjustment of amount of maintenance already paid by him to..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Maintenance allowance granted in previous proceeding is permissible in a subsequent proceeding filed even under different statue but substantially for same relief -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - It is for wife to establish that husband was earning some amount from business of his father and that even after death of husband's father, business was continued by family members - In absence of same, fixing of salary of husband at Rs.30,000 pm by Family Court and awarding Rs.12,500 for wife and..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Husband is working as a salesman on daily basis and earning Rs.350 per day - However, husband is in jail because of his inability to pay maintenance to his wife and child - Since husband is earning Rs.9000 as per his affidavit, he is directed to pay Rs.4500 as interim maintenance to wife and child..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Award of Rs.7000/- p.m. from the date of filing of application and Rs.11,000/- as litigation expenses - No evidence or supporting document with regard to source of income or assets and liabilities of husband filed - However, husband is a fashion designer and MBA not denied - It would not be..........
Criminal Procedure Code, 1973, Section 125 -- Enhancement of maintenance - 75 years old husband and 67 years old wife living separately due to differences - Considering age of wife, old age pension of Rs.2,000 pm would not be enough even to meet her medical expenses - Wife is suffering from problem in her ears and is having knee pain - Argument that wife must have..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - House rent allowance does not come in the purview of maintenance allowance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughters - Merely because wife is capable of earning, is not sufficient ground to refuse maintenance to minor daughters...........
