Criminal Procedure Code, 1973, Section 125 -- Maintenance - Primary object of S.125 Cr.P.C is survival of human being, who is unable to maintain himself in a `survival of fittest society'...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to unmarried major daughter - Enhancement of - Application u/s 127 Cr.P.C for enhancement of maintenance filed after more than 4 years of decision of petition u/s 125 Cr.P.C - Circumstances have completely changed - Daughter is pursuing higher studies now - Taking into account the salary of petitioner and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is working as teacher in a private reputed school - Claim of wife for grant of maintenance pendente lite already considered in application filed by her u/s 24 of Hindu Marriage Act - Maintenance rightly denied to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Husband is well established businessman - Sum of Rs.8000/- p.m as awarded to son is not on higher side more particularly when prices are rising everyday and cost of upbringing of a child including the medical expenses is quite expensive - Admission of a child in a reputed school of country is also a..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Acquittal of husband in criminal case - Does not disentitle wife from claiming maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife nowhere pleaded in her application that he is unable to maintain herself - However, there is specific pleading in the application that wife is facing great scarcity of funds and she has to arrange money for day to day expenses of household - Said averments gives no other meaning..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified person and his annual package of salary is Rs.8.5 lakhs - Father of husband was a government contractor - Husband paying EMI of Rs.25,964 p.m and also Rs.10,000 as rent, his income cannot be less than Rs.50,000 p.m in any manner - Wife held, entitled to maintenance @ Rs.10,000 p.m..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Arrears - Beyond one year - Can be claimed as right to recover such amount does not extinguish...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Sufficient means - Does not signify only means such as property or definite employment - If person has means of earning or capacity to earn his living, same may be considered as `sufficient means' within meaning of S.125 Cr.P.C...........
