Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Permanent alimony of Rs.20 lakhs granted to wife - Maintenance granted to wife @ Rs.5000 p.m u/s 125 Cr.P.C. for her life modified and the same set aside with effect from the date of this judgment - However, order awarding Rs.2500 p.m to children till attaining majority is not disturbed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Husband is running a garage and earning Rs.1 lakh p.m, though he denied the same but not adduced any evidence - Having taken note of cost of living and also expenses to be met to two children who are now aged about 13 years and 12 years, quantum arrived at by trial Court i.e Rs.5000/- to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Procedure adopted in such cases is summary - Any matter which is decided in a summary manner shall not have an effect of res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition for maintenance - Res judicata - Earlier petition for maintenance was dismissed - Wife filed second maintenance petition in a premise that there has been change in circumstance - Second maintenance petition is maintainable when there is change of circumstances...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife disclosed in the petition regarding filing of earlier petition for grant of maintenance under D.V Act and interim maintenance granted therein - Magistrate after taking into account said facts directed to payment of maintenance to wife - Contention of husband that in an overlapping jurisdiction..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Contention of husband that affidavit filed by wife was not sworn before any Magistrate is of no significance, as affidavit was filed before Magistrate only who had accepted the same - Otherwise, also Governments have made self attestation of affidavits sufficient to file the same - Contention rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Trial Court has discretionary power to order maintenance from date of order if there are circumstances and reasons for doing the same...........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
Criminal Procedure Code, 1973, Section 125, Hindu Succession Act, 1956, Section 15(1)(c) -- Maintenance to wife - Death of wife - Recovery of arrears of maintenance accrued till her death - Impleadment of mother of wife - Deceased died during pendency of her application for recovery of arrears of maintenance - Decree of divorce already granted in favour of husband - Mother..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Courts while dealing with maintenance matters either u/s 12 of PWDV Act or u/s 125 Cr.P.C, should not go into validity of marriage...........
