Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - Father's liability to maintain daughter is limited till date she attained majority, unless her inability to maintain herself is attributable to her physical or mental abnormality or injury...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation that wife is deriving income or living in adultery not proved by husband, as he had not mounted to box and let in any contra evidence - Oral testimony of wife stands uncontroverted - No material to prove that wife has any avocation to maintain herself - Family Court rightly awarded maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An able bodied young man is presumed to be capable of earning sufficient money so as to be able to reasonably maintain his wife and child and he cannot be heard to say that he is not in a position to earn enough to be able to maintain them according to family standard...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Maintainability - Provisions of Cr.P.C is applicable de hors religion, caste or creed of any individual citizen of India - Contention of husband that since the marriage between parties has been held as per Muslim custom and law, maintenance case is not maintainable, rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is legally wedded wife of petitioner/husband - She was driven out of her matrimonial home - Husband being an able bodied man is morally and legally bound to take care and maintain his legally wedded wife - Order directing husband to pay Rs.5000 to wife held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband failed to appear before Family Court to defend proceedings on more than one occasion - He failed to cross-examine applicants and did not lead any evidence on his own behalf - Trial Court made an objective assessment of evidence available on record while quantifying maintenance to the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and her son - Denial of - Wife intentionally deserted husband taking child with her and remarried - First obligation thus, would be upon her to maintain child - Application for maintenance rightly rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and her son - Denial of - Wife concealed factum of her re-marriage with two persons one after the other, while filing application u/s 125 Cr.P.C - She admitted that son born out of wedlock with husband, who was living with her parents and who maintain him - Moreover, wife herself is an educated woman having..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Opportunity to cross-examine wife - Leaving a wife uncross-examined is likely to result in creating obstacle in correctly appreciating evidence - Liability of delay cannot be laid squarely on shoulders of husband, as there have been many dates on which even wife did not appear in the Court - Since matter..........
