Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay itself cannot be a reason for disqualifying wife to claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having no independent source of income, but has reasonable educational background - She voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment - Maintenance pendente lite @ Rs.21,000 pm as awarded under Domestic violence Act would be..........
Criminal Procedure Code, 1973, Section 125 -- Second application for maintenance - Order of granting maintenance to wife in first maintenance case does not alter its nature merely because parties have resumed cohabitation - It is still operative - Subsequent application seeking maintenance u/s 125 Cr.P.C held, not maintainable...........
Criminal Procedure Code, 1973, Section 125, 127 -- Second application for maintenance - Wife sought enhancement of maintenance granted in first application for maintenance, as it was based on compromise between parties - Though second application for maintenance is not maintainable, but under facts and circumstances of case, second application for maintenance u/s 125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband is suffering from diabetics, same cannot exonerate him from maintaining wife and two children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced wife is also entitled to maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife and two children - Husband was aged about 43 years at the time of filing of application - No contra evidence to prove that husband is suffering from any serious illness - Although wife had filed application u/s 3 of Muslim Women's (Protection of Rights) on Divorce Act, but nothing on record..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Where earning of wife is good, that factor can always be considered, as joint parenting is always best for upbringing of child...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
