Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - For purposes of proceeding u/s 125 Cr.P.C, factum of marriage has to be prima facie considered - If there is prima facie material on record to suggest that parties have married or are having relationship in the nature of marriage, Court can presume in favour of woman claiming..........
Criminal Procedure Code, 1973, Section 397, 125 -- Revisional jurisdiction - Maintenance to wife - Validity of marriage - Question whether wife is a married wife of husband, being pre-eminently questions of fact, cannot be re-opened in exercise of revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Prima facie material on record that parties have married and they had relationship in the nature of marriage - Wife is unable to maintain herself, as she has no source of income and she is living with her mother who is suffering from serious illness - Husband is a doctor and running..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order u/s 125 Cr.P.C does not finally determine status, rights and obligations of parties and it only provides for maintenance of indigent wives, children and parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife unable to maintain herself, as she has no source of income - She is living separately due to continuous harassment and demand of dowry - Trial Court rightly awarded Rs.19,000/- to wife after appreciating each and every fact - No interference warranted in it...........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance to wife - Territorial jurisdiction - Address given by wife is not a temporary one but rather her permanent address, which is found mentioned in her Bank records as well as income tax returns of contemporaneous period - Family Court at said place has jurisdiction to entertain petition u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having some income - Not a ground to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Married wife becomes entitled for maintenance from date of her marriage and she is entitled to live a dignified life even after she is thrown away from her matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Wife has no independent source of income and she was unable to maintain herself - Father of wife is supporting his daughter by paying Rs.8000 pm to her - Husband failed to lead evidence to controvert claim of his wife for maintenance - He has sufficient income to maintain himself, wife,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Factors like unemployment, earning a meager income cannot be an excuse for not maintaining wife and children...........
