Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Factum of marriage admitted - Divergent version as to living separate which will be decided after parties adduce evidence - Merely because wife is highly qualified, maintenance cannot be denied to her - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Paternity of child - DNA test - Husband admits his marriage with wife although it was argued that saptpadi was not done - However, same is not material at this stage - It cannot be said that marriage between parties is not a valid marriage - Wife is seeking DNA examination so as to..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband getting pension @ Rs.44,279 p.m and pension amount will be gradually increase - Considering the market price and need of a person being wife of a Sub-Inspector according to her status, wife entitled to get Rs.10,000/- p.m towards maintenance allowance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband stated that he is receiving Rs.19,191 as salary - Nothing was shown by him that he was only person to maintain his family - Truthfulness of averments may find disposal when application filed u/s 125 Cr.P.C is decided - Maintenance @ Rs.6000 pm rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is suffering from various ailments - Irrespective of age and ailments from which husband may be suffering, since he is recipient of regular monthly income from various sources, he cannot be permitted to deny/neglect maintenance to wife who is not intentionally living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is living with his daughter and son-in-law - Wife is 75 years old and is living with her son - No material on record that wife is living separately without any sufficient reason - She is not capable to maintain herself through her independent income - Husband apart from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While calculating salary of husband deductions to be made are income tax and professional tax - Deductions such as provident fund contribution, house rent recovery, furniture recovery, towards loan obtained, LIC premium and festival advance are accruing to the benefit of husband only and not deductible..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a Branch Manager working in SBI receiving salary of more than Rs.1 lakh pm - Family Court rightly awarded Rs.15,000 pm to wife and Rs.10,000 pm to daughter...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Decree for restitution of conjugal rights passed in favour of wife - Husband neither takes wife back to the fold of matrimonial house nor pays maintenance to child and wife - If husband does not want wife and child back, he cannot escape maintenance merely because he has challenged the order of restitution of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has been residing separately from husband without any reasonable cause - She thus, not entitled to maintenance - Order allowing maintenance set aside...........
