Criminal Procedure Code, 1973, Section 125 -- Maintenance - Illegitimate child - Evidence on record shows that applicant No.1 developed relationship with no, applicant and out of their relationship applicant No.2/male child was born - Applicant No.2 is the illegitimate child of no, applicant - An illegitimate child by virtue of S.125 1(b) Cr.P.C. is entitled to maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A stray act of adultery or disputing the paternity is not a sole ground to refuse maintenance when marriage and its subsistence not in dispute...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - DNA test - Not confined to matrimonial matters relating to divorce or restitution of conjugal rights but also extends to maintenance proceedings u/s 125 Cr.P.C. for dispute of legitimacy...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - A stray act of adultery or disputing the paternity is not a sole ground to refuse maintenance when marriage and its subsistence not in dispute...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - DNA test - Not confined to matrimonial matters relating to divorce or restitution of conjugal rights but also extends to maintenance proceedings u/s 125 Cr.P.C. for dispute of legitimacy...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 45 -- Maintenance proceedings - DNA test - Dispute as to legitimacy - Husband disputing his liability to pay maintenance to wife and his son by saying that son is not born to him and even respondent wife is not his wife - Wife seeking DNA test to substantiate as a solid proof on the truth of dispute of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Merely because wife not compiling with decree of restitution of conjugal rights is not a ground to refuse maintenance to her as there is no express bar u/s 125 Cr.P.C. to grant maintenance to a wife against whom decree for conjugal rights is passed - Said order of maintenance having not been set aside by higher..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Vague allegation that wife is living in adultery - In order to refuse maintenance to wife, husband must prove continuous adulterous conduct on wife's part - Evidence of husband to this effect not very specific to prove continuous adulterous conduct on part of wife - Family Court, therefore, absolutely right in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity - DNA test is scientifically accurate and can be safely relied upon to determine the paternity of child - DNA report that petitioner is biological father of child - Held, Court below did not committ any illegality in granting maintenance of Rs.2,000/- per month to child...........
