Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of interim maintenance at the interlocutory stage of a proceeding u/s 125 Cr.P.C cannot be said to validate the status of marriage between parties beyond any doubt...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband married another lady during subsistence of first marriage and husband procreated three children from her - Reasonable cause for wife to live separate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is bound to provide maintenance allowance to his wife and children which may be upto 25% of his monthly income...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife is unable to maintain herself and two minor daughters - Husband on the other hand has sufficient means and is still neglecting to maintain them - There is thus, sufficient ground to enhance the maintenance amount - Wife is entitled to Rs.4000 pm as maintenance and Rs.3000 pm to each..........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife admittedly quit her job to take care of children - Contention of husband that wife is lazing around and not earning money to take care of children rejected, as taking care of children for a mother is a whole time job - Maintenance @ Rs.36000/- p.m. granted to wife...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into compromise - Husband already paid agreed amount of Rs.10 lacs to wife towards alimony and future maintenance or other claims - Marriage between parties dissolved with mutual consent u/s 13-B of the Act after waiving off cooling period...........
