Criminal Procedure Code, 1973, Section 125(1) -- Maintenance - Proof of neglect or refusal is a condition precedent to grant maintenance - Living condition of wife and child on an appraisal of evidence determines the entitlement of maintenance allowance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - By itself not sufficient to deny maintenance to wife - Considerations in a petition for restitution of conjugal rights and petition for maintenance u/s 125 Cr.P.C. are totally different - In the instant case maintenance to wife cannot be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C. is to be and may be moved where the wife normally resides for the time being...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marital relationship - Husband denied the marital relationship with wife as she was earlier married to his elder brother, who died and as a sympathy he took care of her - However, various documents on record show that opposite party No.2 is wife of revisionist - Documents on record carry unimpeachable force and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - While granting maintenance u/s 125 Cr.P.C., wife would be entitled to lead a life of similar status while staying separately as she would have while continuing in matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Monthly gross salary of husband Rs.61,000 after deductions in the nature of Provident fund, gratuity, medical insurance and company incentives - Said deductions cannot be discarded while assessing the income of husband for the purposes of grant of maintenance to wife and son - It would be safe to..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Liability of husband to pay installments by obtaining various loans etc. is no reason to deny maintenance to wife - Maintenance enhanced from Rs.8,500 to Rs.12,000 p.m from the date of passing of impugned order...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Decree of divorce passed on ground of desertion by wife - Wife not entitled for any maintenance prior to passing of decree...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of husband that he has no means to pay as he does not have a job cannot be accepted if husband is healthy, able bodied and is in a position to support himself - He is under legal obligation to support his wife as wife's right to receive maintenance u/s 125 Cr.P.C., unless disqualified, is an absolute..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband getting salary to the tune of Rs.17,564/- p.m. - Maintenance of Rs.4,000/- p.m. granted to wife by Family Court - High Court without indicating any reason reduced the maintenance to Rs.2000/- p.m. after retirement of husband - Husband had taken voluntarily retirement after order of maintenance was passed,..........
