Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to file an affidavit of his assets and liabilities in response to the copy of affidavit of assets and liabilities of wife supplied to husband till awarding of interim maintenance by Family Court - It cannot be said that no proper opportunity of hearing was granted to husband - Even after..........
Criminal Procedure Code, 1973, Section 125, 421 -- Arrears of maintenance - Non payment - Warrant of arrest cannot be issued straight way without levying the amount due as fine and without making any attempt for realisation that fine in one or both the modes for recovery as provided in S.421(1) Clause (a) or (b) say by issuance of distress warrant for attachment and sale..........
Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Petition u/s 127 Cr.P.C is not maintainable without there being any determination of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Cancellation of order allowing maintenance on the ground of husband getting ex parte decree of restitution of conjugal rights - Cancellation order passed mechanically without discussing the effect of such ex parte decree on the wife's claim to maintenance - Husband after passing of decree of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea that wife is earning - Even if wife is earning, husband is legally and morally bound to maintain her - Maintenance u/s 125 Cr.P.C is to prevent vagrancy - Wife is equally entitled for living standard which she was enjoying while living with her husband - Interim maintenance rightly awarded to wife and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can claim maintenance despite decree of Restitution of Conjugal Rights having been passed against her, but only if husband in any way has obstructed her from obeying such decree...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Wife failed to bring any material on record regarding any obstacles created by husband in obeying such decree - It is wife who challenged said decree before appellate Court - No sufficient cause has been shown by wife for withdrawing from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Income of father assessed as Rs.5000-7000 p.m by Court below - Maintenance awarded to child @ Rs.3000/- is sufficient and reasonable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is not doing any service - However, husband has agricultural farming and he is young man and on daily wage Rs.200/- per day is Rs.6000/- assessed by trial Court as monthly income of husband - Wife on the other hand is graduate lady but not doing any service and has no source of income, unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Maintenance awarded by trial Court from date of order - S.125(2) Cr.P.C is prima facie clear that maintenance shall be payable from date of order - Trial Court rightly granted maintenance from date of order...........
