Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave her matrimonial home, as husband used to harass wife mentally and physically - If wife has sufficient reason to live separately, she cannot be denied maintenance u/s 125 Cr.P.C. - Maintenance @ Rs.4000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
Criminal Procedure Code, 1973, Section 125, 482, Family Courts Act, 1984, Section 19 -- Maintenance - Order of maintenance passed by Family Court cannot be quashed u/s 482 Cr.P.C. as it is only Revision which lies thereagainst...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Legitimacy of daughter is disputed by father - Daughter was born during continuance of marriage between her mother and father and that too within 280 days after their separation - No case of father that mother of daughter has contracted second marriage after separation - Moreover, in the absence of any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parties living separately - It is not open for husband to put forth the contention that he is willing to maintain petitioners, if they come and reside with them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegation of torture and driving her out of matrimonial home was never reported to any authority - Wife admitted that husband had been to her father's house for taking her back - Father of wife stated that his daughter did not take any steps to return back to matrimonial home - Wife is residing in her..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Application u/s 125 Cr.P.C cannot be filed after order has been passed u/s 25 of Hindu Marriage Act - In view of S.25(2) of Hindu Marriage Act, wife can file appropriate application before concerned Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
