Criminal Procedure Code, 1973, Section 125 -- Quantum of maintenance - Factors to be considered are (1) The earnings of the person bound to provide maintenance or his capacity to earn (2) The status of the parties (3) The basic requirement of the person entitled to maintenance (4) The liabilities on the part of the person to provide maintenance (5) Independent source of..........
Criminal Procedure Code, 1973, Section 125 -- The expression `mother' includes a step mother - Mother cannot be compelled to first proceed against her natural sons or to proceed against sons who are in an affluent position - It is the right of the mother to claim maintenance from all or any of them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition by wife - Desertion - In a Civil suit in between the parties civil court gave a finding that husband has not deserted the wife or has not treated her with cruelty - Finding is binding on criminal Court - Maintenance petition is liable to be dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Husband impotent - Wife is justified in refusing to live with him and claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Wife educated - Cannot be deprived of her right to get maintenance merely on the ground that an educated lady can always get employment...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Pendency of proceedings under Hindu Marriage Act wherein wife claiming interim maintenance - Not a bar for filing petition u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 421 -- Maintenance - Recovery - Resort has to be made to S. 421 Cr.P.C. - Provisions of Code of Civil procedure are not applicable...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance allowance - Non-payment - Issuance of warrant not a condition precedent to Magistrate's jurisdiction to sentence...........
Criminal Procedure Code, 1973, Section 125(3) -- Maximum period of imprisonment - Need not be one month...........
Criminal Procedure Code, 1973, Section 125(3), 127 -- Recovery proceedings u/s 125(3) are independent proceedings from the proceedings u/s 127 Cr.P.C...........
