Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - When husband himself wanted to remarry after leaving wife and had two children from second marriage, provision of S.125(4) Cr.P.C would not apply in the case - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - It is discretion of Magistrate to fix monthly interim maintenance but discretion should not be exercised in arbitrary manner...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Court should consider contentions already raised by respondent either by way of objection filed in the maintenance case or filed in the petition seeking monthly interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cryptic order - Order passed without application of mind to any of the pleadings available and without being specific about the date upto which party entitled to interim maintenance - Impugned order set aside - Matter remitted for reconsideration...........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Merely because wife has chosen to file application after 36 years of marriage, husband who admittedly earns Rs.40,000 p.m cannot absolve of his obligation to pay interim maintenance - No jurisdictional error or apparent error on the face of record in awarding meagre sum of Rs.5,000 to wife as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband admitted that he was earning a monthly income of Rs.42,900/- - Mere fact that wife was enrolled with Bar Council of Rajasthan, would not mean that she could maintain herself and her daughter - Maintenance rightly granted to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Provision of S.125 Cr.P.C is enacted for social justice and specially to protect woman and children and also old and infirm parents and falls within constitutional sweep of Art.14(3) of Constitution reinforced by Art.39 of Constitution...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife is unable to maintain herself and husband had turned her wife on account of non-fulfillment of dowry demands - She is simple house wife having no independent earning - It is incumbent upon husband to provide financial succor to wife - Maintenance @ Rs.3000/- to wife and Rs.2000/- to son from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from which date - Rajnesh Vs Neha, Criminal Appeal No.730 of 2020 (Supreme Court) followed wherein held : Right to claim maintenance must date back to date of filing application, since period during which maintenance proceedings remained pending is not within control of applicant - Maintenance awarded from..........
