Criminal Procedure Code, 1973, Section 125, 397, 401, Family Courts Act, 1984, Section 19 -- Order of interim maintenance in a petition u/s 125 Cr.P.C. by Family Court is an interlocutory order - Challenged thereto - Neither revision u/ss 397, 401 Cr.P.C. nor appeal u/s 19 of Family Courts Act is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ground of cruelty and harassment - Not a ground for non-payment of maintenance amount...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Only continuous and repeated acts of adultery and/or cohabitation in adultery would attract rigours of provision u/s 125(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Ground of adultery taken by husband for non-payment of maintenance to wife not established by him - Husband also failed to show that wife continues to be employed and has sufficient means to maintain herself - As regarding ground of desertion taken by husband, since husband had sought divorce..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorce Muslim woman is entitled to claim maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Date from which payable - Trial Court awarded maintenance to wife from date of order - However, as per Rajnesh and Neha case, maintenance should be paid from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Finding of fact regarding monthly income of husband given by trial Court, not permissible to be substituted by revisional Court by its own finding and a different finding while exercising jurisdiction in criminal revision - Impugned order of revisional Court set aside...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Divorced Muslim woman can seek maintenance u/s 125 Cr.P.C until she obtains reliefs u/s 3 of 1986 Act - An order passed u/s 125 Cr.P.C shall continue to remain in force until amount payable u/s 3 of 1986 Act is paid...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
Criminal Procedure Code, 1973, Section 125(1)(b), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Unmarried major daughter - Right of major unmarried daughter for maintenance from parents after attaining majority till her marriage flows from combined reading of S.125 Cr.P.C and S.20(3) of Hindu Adoptions and Maintenance Act - Maintenance rightly..........
