Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of Rs.1500/- p.m. as interim maintenance - Amount is not only meager but also insufficient - No interference is required in the impugned order as same does not suffer from any illegality - However, three months time is granted to pay the entire amount of arrears of interim maintenance in three equal..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Amount given u/s 125 Cr.P.C is always taken into account before fixing maintenance in other proceedings like proceedings under PWDV Act, proceedings u/s 24 of Hindu Marriage Act etc...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Mere fact that wife is capable of earning is no ground to deny interim maintenance to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Issue as to whether wife is living in adultery or not can be decided only after evidence is lead by both the parties - At the time of fixing interim maintenance, Court is not inclined to go into said issue...........
Criminal Procedure Code, 1973, Section 125 -- Order of maintenance - Review or alteration of order - Order passed u/s 125 Cr.P.C is capable of alteration in terms of language of different sections of Cr.P.C itself - Court is entitled to cancel its earlier order and pass a different order in facts and circumstances of the case before it...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Claimants would be entitled to file a consolidated application for recovery of previous 12 months dues - Consolidated application shall be treated as 12 individual claims for recovery of monthly allowances of previous 12 months...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where defaulter repeatedly breaches order of maintenance u/s 125 Cr.P.C, Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each months dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every months..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where no order of interim maintenance has been passed and Court, while finally deciding application for maintenance, orders that maintenance shall be payable from date of filing of application, claimant may file an application for recovery of accrued amount and such application shall be..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Application for recoveries cannot be made for a period of more than 1 year's arrears...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Directions issued to all Magistrates/Family Courts across the State of Rajasthan seized of applications u/s 125 Cr.P.C that: (i) after passing of order, Court shall facilitate claimant to move an application for recovery of maintenance amount on the same day when application is decided; (ii)..........
