Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties solemnized by way of Chunni ceremony - Marriage photographs and granthi of Gurudwara who recited holy ardaas was called in support of such marriage - Both parties started residing together since marriage - Wife held, entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Stray or single lapse on part of wife is not sufficient to bring her conduct within meaning of expression `living in adultery' as per S.125(4) Cr.P.C, as it should be a continuous course of adulterous conduct...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Cannot be denied merely on basis of bald allegation levelled by husband that she is living in adultery, until and unless allegation is substantiated by any cogent evidence by husband...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife's continuous adulterous conduct not proved by husband - One or two incidents would not establish that wife is living in adultery, particularly when such stray incident is not proved till date - No evidence on record that wife has sufficient source of income for her livelihood - Taking..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 18 of Act of 1956 - Wife cannot be non suited on the ground that she already availed remedy u/s 125 Cr.P.C. - Neither provision of S.125 Cr.P.C. nor provision of S.18 of Act of 1956 prohibit applicant from availing both the remedies under said provisions of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - In proving a marriage in a proceeding u/s 125 Cr.P.C, standard of proof need not be so high as required in a criminal prosecution for bigamy...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Validity of marriage - Wife failed to prove valid marriage between parties - She not examined her parents, elders, family members to prove solemnization of marriage - Witnesses examined by wife are interested witnesses and they have not spoken the truth before Court - Marriage between parties not..........
Criminal Procedure Code, 1973, Section 125(1)(b) - - Maintenance to divorced wife - Divorced wife entitled to maintenance from her ex husband as per S.125(1)(b) Explanation (b) Cr.P.C - Order of granting maintenance to divorced wife held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax return of husband showing his annual income Rs.4,03,804 for the year 2015-16 is on record - Husband can easily pay maintenance of Rs.15,000 pm as awarded and cannot be said to be exorbitant - Said order calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband cannot be permitted to plead that he is unable to maintain wife due to financial constraints as long as he is capable of earning...........
