Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order of restitution of conjugal rights in favour of husband - Maintenance claim of wife cannot be rejected on this sole ground...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband contacted second marriage - Sufficient reason for wife to live separately - Wife is entitled to maintenance even if she failed to prove her allegation of second marriage by husband u/s 494 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof - Marriage for the purpose of summary proceedings u/s 125 Cr.P.C. is to be determined on the basis of evidence brought on record by the parties - Standard of proof of marriage in such proceedings in not as strict as required in a trial of offence u/s 494 IPC - If wife proves that she and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Order passed in proceedings u/s 125 Cr.P.C. does not finally determine the right and obligations of the parties for which a civil suit has to be filed - Provision of S.125 Cr.P.C. is enacted with a view to provide summary remedy for maintenance to a wife, children and parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - To realise the amount of maintenance property of husband alone can be attached and not that of any other person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C. can be decided by inviting affidavits of wife and witnesses and giving opportunity to husband to cross examine the deponents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage - Marriage during subsistence of first marriage - No evidence produced by husband that his first marriage was held strictly in accordance with Saptpadi or in accordance with the traditions of his community or that his first wife was alive at the time of the second marriage - Factum of first..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - For grant of maintenance potential earning capacity of a wife not to be taken into consideration - Only thing which has to be considered is whether she is earning or not to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband keeping wife at his house but neglecting her - Wife is entitled to maintenance even if she is residing in her husband's house...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parents - Living with another son - Parents can claim maintenance from a son having income though living with another son - When parents have more than one son they can claim maintenance from any son - Question of non-discharge of parents obligation cannot be raised to contest maintenance application u/s 125..........
