Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife is not entitled to maintenance if without any sufficient reason she refuses to live with her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately from husband and marriage between parties is still subsisting - Husband being Army personnel getting more than Rs.45,000 p.m - Thus, maintenance of Rs.15,000 p.m rightly granted by Court below...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance - Fact that wife is a physiotherapist concealed in the petition - It appears that wife is hiding facts - She is capable of earning - Trial Court is yet to consider the case on merits - Court has to determine whether a qualified woman who can get a job can sit idle and insist on maintenance -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband admittedly more than Rs.5 lacs per annum - Wife has not provided any material to find out income of husband - Both children are residing with husband and amount of Rs.5 lacs is being spent annually on them for their education - There is no contribution from wife - Amount of Rs.25,000/-,..........
Criminal Procedure Code, 1973, Section 125, Constitution of India, 1950 -- Maintenance to wife - Parties belong to scheduled tribe - Jurisdiction of district Court - Office of AG made party to petition - Merely because AG is one of the respondent, is no ground that District Court has jurisdiction to determine maintenance between two tribals - Therefore, matter remitted..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - A woman who has been divorced by her husband on account of a decree passed by Family Court under Hindu Marriage Act, continues to enjoy the status of wife for the limited purpose of claiming maintenance allowance from her ex-husband as per S.125(1) Explanation (b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Because of harassment wife could not continue to reside in her matrimonial house - After passing of decree of restitution of conjugal rights, she resided with husband but thereafter she was given ill-treatment and husband expelled from her matrimonial house - With justifiable grounds wife is living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order as to payment of maintenance from date of order - Maintenance petition decided after 12 years - No reasons as to why maintenance awarded has not been granted from the date of filing of maintenance petition - Matter remitted back to Court concerned with direction to give findings afresh in this regard..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife a qualified doctor and admittedly earning salary of Rs.1,35,000 p.m - Maintenance rightly denied to wife - However, wife not placed on record details of expenses incurred for child per month - Since net salary of Husband is almost Rs.5.5 lacs and he is depositing Rs.30,000 for child plan..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife income tax payer - Statement of wife recorded in a criminal case reveals that she is living an adulterous life - Dismissal of application - No interference warranted...........
