Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Income of husband is Rs.40,000 p.m - What was the actual reason for wife for staying separate would be decided once parties are permitted to adduce their evidence - Liability of husband has also been discussed - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - "living in adultery" means only continuous and repeated acts of adultery - Wife could not be eschewed from getting the maintenance u/s 125(4) Cr.P.C. on the substratum of single instance of adultery...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Income of husband is minimum of Rs.15000 pm as discussed by Court below in detail - Wife not able to maintain herself or her daughter - Court below rightly awarded total Rs.5000/- p.m as interim maintenance to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife leading a modern life - Leading a modern life without committing an offence cannot be criticized at all - Unless and until wife is residing separately without any reasonable reason, she cannot be denied maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deduction from gross salary of husband due to payment for premium of insurance or instalment of plots purchased by him cannot be taken into consideration as no such deduction from gross salary is permissible under law...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - No deduction is permissible for payment of monthly installment of personal loan and it should be added in net monthly income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely on the ground that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself...........
