Maintenance to Wife -- Concealment of Income by Husband -- Status of husband cannot be concealed though source of income may be
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Concealment of Income by Husband -- Proceedings for maintenance are social welfare proceedings and not adversarial litigation. The burden lies upon the husband to disclose all material facts regarding his income and not upon the wife to prove it. The source of income of the husband may be concealed, but his status cannot be concealed, and he cannot escape liability to maintain the wife and minor child according to their standard of living. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Wife Residing Separately -- A wife caring for a minor child and against whom an FIR by the husband is pending cannot be held to be residing separately without sufficient cause merely because the husband has filed a petition for restitution of conjugal rights. Marital obligations of the wife extend not only to the husband but also to the minor child.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
