Criminal Procedure Code, 1973, Section 125 -- Maintenance - Dismissal of application in default - Application for restoration does not carry details as to when wife became aware of dismissal of main case filed u/s 125 Cr.P.C - However, since application for restoration was filed almost within 2 months of dismissal in default, same cannot be said to be an inordinate delay -..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Grant of permanent alimony u/s 25 of Hindu Marriage Act - Application is maintainable if filed before grant of permanent alimony u/s 25 of Hindu Marriage Act but reverse is not the accepted norm - Application u/s 125 Cr.P.C. filed by wife after taking permanent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband who is holding diploma in electronics, cannot be assessed less than Rs.15,000 pm, as even a daily wager is earning more than Rs.15,000 pm - Maintenance @ Rs.4000 pm to wife and child rightly awarded...........
Criminal Procedure Code, 1973, Section 397, 125 -- Interim maintenance - Revision thereagainst - Not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Once Court comes to conclusion that wife is entitled to an award of maintenance, assessment relates back to date of application and as such there have to be compelling reasons for family Court to restrict the award of maintenance from date of order and not from date of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Family Court while passing final order has not given any reasons as to why maintenance was awarded only from date of passing order and not from date of filing petition - Wife stated in her affidavit that she has never been employed since filing of maintenance petition before..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and three minor children - Denied on the ground that wife herself does not want to live with husband - Said finding is baseless and deserves to be set aside - Order denying maintenance to wife set aside - Matter remanded back to Family Court for fresh decision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enhancement of - No substance in the plea of wife that husband is getting Rs.35,000 pm from a Company he is employed and additional Rs.10,000 from agricultural land - Even, argument of wife that minimum wages of highly skilled worker in State of Rajasthan to which husband belongs in the year 2016 was 7,045..........
Criminal Procedure Code, 1973, Section 125, 407 -- Maintenance petition by wife - Transfer of petition - Petition filed by wife at Amritsar - Wife an Advocate by professional and she a member of District Bar Association, Amritsar - Grievance of husband is that no lawyer is accepting his brief - Husband and his counsel were threatened by Advocates representing wife -..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
