Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Maintenance amount must be determined in a balanced manner and it should be one that ensures adequate support for wife and child, while also taking into account husband's financial obligations of his liability towards Home Loan, his expenses and responsibility towards parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife made specific averments that she was compelled to leave matrimonial home because of ill treatment - Her testimony on said aspect has not been challenged since she was not cross-examined by husband - Moreover, husband did not adduce any evidence to support his assertions - Husband has failed to produce..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage should not be a pre-condition for maintenance in cases where a man and woman have been living together as husband and wife for a reasonable long period of time...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - At the stage of interim maintenance, a detailed trial or adjudication on actual income is neither warranted nor possible - Prima facie assessment is to be made on basis of pleadings, affidavits and such material as may be available on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While right to fair opportunity and adherence to natural justice are essential, technical delays or procedural lapses cannot defeat the very purpose of provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - An able-bodied person cannot shirk his responsibility to maintain his wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Mere fact that wife herself is qualified and capable of earning does not absolve husband from his statutory duty u/s 125 Cr.P.C., particularly in respect of child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should mirror the life style of wife during period of their married life...........
