Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband who is able to pay hefty amount towards home loan and car loan, cannot be permitted to deflect from his responsibility towards his legally wedded wife as well as children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband is serving in Army as Lieutenant Colonel having salary of Rs.1.98 lakh p.m - He is making payment towards home loan and car loan and also purchased property for purpose of development - Husband cannot be permitted to deflect from his responsibility towards his wife and children..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step mother - Step mother can claim maintenance from income of property of her husband, when she is incapable of supporting herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step mother - Family Court granted Rs.25,000 as maintenance to step mother without recording evidence - Order of Family Court is thus, not sustainable - However, step mother is entitled for Rs.10,000/- p.m until disposal of case - Family Court directed to record evidence of parties and decide the issue and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim women - Divorced Muslim women is entitled to claim maintenance u/s 125 Cr.P.C even after the period of iddat and for whole life unless she is disqualified for reasons such as marriage with some one else...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Daughter attained majority during pendency of proceedings - However, she will not be deprived of maintenance awarded by Family Court only on the ground that during pendency of proceeding she attained majority...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband has not disclosed his real income before Court below - He had made several defaults in payment of maintenance awarded by Court below - However, considering the changed circumstances relating to husband which has affected his earnings as he lost his job in Portugal, maintenance awarded..........
