Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Neither of parties filed their affidavits reflecting assets and liabilities - Trial Court granted maintenance without following the guidelines of Apex Court - Impugned order set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife highly qualified and also earning - Wife not inclined to truthfully disclose her true income - Such a person is not entitled to maintenance - Claim of maintenance by wife under Protection of Women against Domestic Violence Act has also met the same fate and maintenance has been declined to her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave her matrimonial home, as husband used to harass wife mentally and physically - If wife has sufficient reason to live separately, she cannot be denied maintenance u/s 125 Cr.P.C. - Maintenance @ Rs.4000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of senior citizen - Son is residing in one room of house in question with his wife and there are other rooms where others can live - Father is no more and mother is residing with her daughters - Son is not making any hindrance in peaceful living of his parents -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition filed by husband - Children of parties uniformly stated that father used to ill-treat mother in several ways and that is why she was compelled to leave the house - It cannot be said that wife left the matrimonial home without just cause - Though husband filed application for restitution of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
