Criminal Procedure Code, 1973, Section 125 -- Maintenance - Cannot be denied to wife on the ground that husband has no means of income - Husband is duty bound to maintain his wife and for that he may even work as a labourer or do any other kind of lawful work - Husband cannot refuse to maintain his wife by stating that he has no means of income and he is an idle person...........
Criminal Procedure Code, 1973, Section 125, 296 -- Maintenance - Claimant wife not a formal witness, cannot be examined by way of affidavit...........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance - Re-examination - Maintenance proceedings - Lacuna in evidence - Respondent wife due to negligence and mistake on the part of counsel was examined-i, chief by way of affidavit instead of getting her statement recorded on oath - Application filed by wife for her re-examination to correct that mistake would not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of not earning - Husband pleaded that he is not earning anything so he is not liable to pay maintenance to wife and two children living with wife - Husband was not weak or infirm or unable to work at all - Moreover, husband paying Rs.350/- p.m. as tuition fee of two children born out of second wife - This..........
Criminal Procedure Code, 1973, Section 125, 126, 127 -- Enhancement of maintenance - Wife living separately from her husband with her two children - She is a house wife and does not have an independent source of income - Family Court awarded Rs.4000 to wife and Rs.2,500 to each child - Wife claiming a sum of Rs.10,000 p.m - Taking into account the income of husband and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance @ Rs.1500 p.m awarded to wife - Husband pleaded that he was removed from service of army on account of schizophrenia disease, thus he is unable to pay amount of interim maintenance - Plea rejected, as amount granted by Court below as maintenance cannot be said to be excessive and appears to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - In order to receive maintenance it is incumbent upon wife to prove reasonably that she has got just cause to live separately from her husband - Imposition of unreasonable condition as an excuse for living separately by either of the spouse is not permissible in law...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Wife herself imposing unreasonable pre-condition for her husband to first desert his mother in order to enjoy her company - No such special reasons have been assigned by wife as to why she is not willing to live with and in the company of her mother-i, law - Imposition of unreasonable condition as an excuse for..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C. - Wife initiated different proceedings under provisions of Domestic Violence Act or Muslim Women Act - Husband never raised any objection with regard to transfer of those proceedings - When wife initiated proceedings u/s 125 Cr.P.C. husband prayed for transfer of proceedings..........
