Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of - Husband worked as software engineer, affluent and established own company by showing wife also one of promoters therein - Though he did not work now due to health problems, but taking into account the materials on record, as he sold away some of his properties and got means and even maintain..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - Territorial jurisdiction is determined on date of filing of application - Even if wife resides at a place temporarily on the date of filing of application, concerned Court within whose territorial jurisdiction she is residing, can entertain such application...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26 -- Maintenance to wife - Wife failed to prove that she was legally wedded wife of husband or she entered into domestic relationship with husband - Thus, wife is not entitled to relief of maintenance either u/s 125 Cr.P.C. or under PWDV Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Marriage between husband and wife not legal as per Hindu Marriage Act, as husband entered into a `Sagai Vivah' with wife - Even both husband and wife are previously married and entered into a customary divorce, which is also not legal - Thereafter both entering into relationship with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is capable of earning is not a sufficient reason to reduce maintenance as awarded by Family Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Family Court granted Rs.15,000 to wife and Rs.10,000 to son as maintenance - High Court reduced maintenance of wife to Rs.6,000/- on the ground that wife is capable of earning - Whether wife is capable of earning or whether she is actually earning are two different requirements - Merely because..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - Not a bar to grant maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Parties living separately for about 26 years as physical and mental cruelty meted out to wife - Husband also not paid any maintenance to wife u/s 125 Cr.P.C. till date - Family Court rightly awarded maintenance of Rs.1,500 p.m to wife after presuming the income of husband @ Rs.5000 to 6000 pm...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree of divorce on ground by cruelty and desertion by wife - Wife not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor children - Admittedly, husband inherited 48 bighas of agricultural land after death of his mother - However, he transferred same in favour of his sister during pendency of litigation to avoid his liability to maintain his wife and children - Husband getting income from his land apart from his..........
