Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 47 -- Order of maintenance - Breach of - Petitioner has failed to pay a single penny to no, petitioner No.1. - Held, on every month, he has committed a breach of order and every month he has defaulted in payment of interim maintenance amount - Hence, application filed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Petitioner convicted u/s 498-A of IPC and u/s 4 of Dowry Prohibition Act - Held, such conviction of petitioner indicates torture, harassment in connection with demand of dowry and that it has got corroborative value for consideration of a petition filed by wife u/s 125 of the Code - Therefore, offer..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Witnesses produced and adduced on behalf of husband-petitioner were consistent that earning of wife of petitioner was Rs.40/- per day by working in Bidi manufacturing unit but none of the said witnesses admitted having seen such transaction except that they had heard from someone - On other hand, it..........
Criminal Procedure Code, 1973, Section 125 -- Major daughter - Female child even after attaining majority is entitled to maintenance from her father till her marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife awarded maintenance of Rs.2000/- per month - Revisional court reduced maintenance - Held, wife maintained a standard of living which is neither luxurious nor penurious - She is to lead a decent life at par with dignity and status of husband - Cost of living has raised manifold - Order of Revisional court set..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application by wife - No specific prayer for grant of maintenance from the date of application - Maintenance can be awarded from the date of order or from the date of application - For grant of maintenance from date of application, special reasons are required to be assigned...........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Children - Maintenance granted to one son and two daughters - In the meantime children became major - Direction had been issued to recover the amount of maintenance only for the period prior to the sons attaining majority and the daughters getting married - No interference in the impugned order warranted...........
Criminal Procedure Code, 1973, Section 125, 126(1), Family Courts Act, 1984, Section 7(2)(a) -- Maintenance - Parents - Jurisdiction - Jurisdiction to file proceedings u/s.125 Cr.P.C. is with Family Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - `Means' does not signify only visible means but it includes capacity to earn money...........
