Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - 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 right...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband deserted wife proved on record and because of mental and physical torture meted out to her, she was not ready to go and stay with husband - Husband admitted his monthly income as Rs.25,000 - Maintenance @ Rs.10,000 rightly granted to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to male child who attained majority - Male child who has attained majority is not entitled to claim maintenance from his father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Decree of divorce granted on the ground of adultery - Maintenance was granted after parties ceased to husband and wife - Findings recorded during divorce proceedings would not affect the maintenance claim of divorced wife - Plea of husband that a divorced wife is not entitled to maintenance if she..........
Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - Maintenance proceedings - Income - Respondent is bound to disprove his alleged income - If he fails or refuses to furnish germane evidence/details regarding it, which is within his special knowledge then a valid presumption may lie against him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated and well qualified to earn an income is not sufficient to deny maintenance to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Once it was found that wife did not have any income, she was entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is incapable of earning something but her mother is sustaining her - Expenses paid by mother of wife cannot be used to defeat her claim because husband and not the mother is bound to maintain a legally wedded woman - Maintenance rightly granted to wife and child...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere filing of petition for maintenance and other reliefs under Protection of Women from Domestic Violence Act, is not sufficient to infer that there was an animus and factum of desertion on the part of wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband on the ground that he commits anal sex with her - She was not agreeable for carnal intercourse against the order of nature which husband wanted to establish with her - Wife was physically incapable to do so because she had injuries - Refusal to have carnal intercourse..........
