Criminal Procedure Code, 1973, Section 125, 296 -- Maintenance - Claimant wife not a formal witness, cannot be examined by way of affidavit...........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance - Re-examination - Discretion to recall and examine the witness can be exercised at any stage of enquiry, trial or other proceedings - Mere delay in filing application is no ground at all to decline request of applicant if it satisfies the conditions provided in S.311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance - Re-examination - Maintenance proceedings - Lacuna in evidence - Respondent wife due to negligence and mistake on the part of counsel was examined-i, chief by way of affidavit instead of getting her statement recorded on oath - Application filed by wife for her re-examination to correct that mistake would not..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(a) -- Maintenance - A divorced Muslim woman can claim maintenance beyond iddat period and she is entitled to be maintained till she remarries...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of not earning - Husband pleaded that he is not earning anything so he is not liable to pay maintenance to wife and two children living with wife - Husband was not weak or infirm or unable to work at all - Moreover, husband paying Rs.350/- p.m. as tuition fee of two children born out of second wife - This..........
Criminal Procedure Code, 1973, Section 125, 126, 127 -- Enhancement of maintenance - Wife living separately from her husband with her two children - She is a house wife and does not have an independent source of income - Family Court awarded Rs.4000 to wife and Rs.2,500 to each child - Wife claiming a sum of Rs.10,000 p.m - Taking into account the income of husband and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance @ Rs.1500 p.m awarded to wife - Husband pleaded that he was removed from service of army on account of schizophrenia disease, thus he is unable to pay amount of interim maintenance - Plea rejected, as amount granted by Court below as maintenance cannot be said to be excessive and appears to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - In order to receive maintenance it is incumbent upon wife to prove reasonably that she has got just cause to live separately from her husband - Imposition of unreasonable condition as an excuse for living separately by either of the spouse is not permissible in law...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Wife herself imposing unreasonable pre-condition for her husband to first desert his mother in order to enjoy her company - No such special reasons have been assigned by wife as to why she is not willing to live with and in the company of her mother-i, law - Imposition of unreasonable condition as an excuse for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried Muslim major daughter - Order granting maintenance - Not liable to be interfered, so as to avoid multiplicity of proceedings, as Muslim major unmarried daughter though cannot claim maintenance u/s 125 Cr.P.C. but she can claim maintenance from her father under personal law...........
