Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife in her petition filed u/s 13 of Hindu Marriage Act herself stated that she is living with one person with whom she is seen in the photographs referred to earlier - Though there is denial by wife to the factum of her living in any kind of adulterous relationship, but no plausible..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions made from the gross income of husband, which are on account of own volition cannot be permitted - However, statutory deductions, which are mandated by law and beyond the control of husband can be taken into account...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband cannot be allowed to reduce his financial liability towards the maintenance of his spouse or children by resorting to voluntary deductions or expenses that do not have legal compulsion...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife cannot be disentitled from claiming any maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated, same alone is not a ground to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Suit u/s 18 of the Act - Interim maintenance - Matrimonial relationship between parties still subsists as there is no document on record to show that parties have been divorced - Wife is aged more than 70 years - She has pleaded that she is suffering from several old age related problems and also certain diseases -..........
