Maintenance to Wife -- Section 340 CrPC Application Filed After Judgment Reserved -- Trial court not obliged to defer pronouncement
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Section 340 CrPC Application Filed After Judgment Reserved -- Trial court is not obliged to defer pronouncement of judgment on a maintenance application merely because an application under Section 340 CrPC is filed after final arguments concluded and the matter was fixed for pronouncement. Proceedings under Section 340 CrPC are independent in nature and unconnected with adjudication of maintenance proceedings, and the concerned party remains free to pursue them separately. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Quantum Based on Admitted Income -- Sustainable where the trial court has appropriately factored in the admitted basic monthly income and total monthly income of the husband in fixing the maintenance amount. Such determination does not suffer from perversity, arbitrariness or jurisdictional error warranting interference in revision.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
