Maintenance to Child -- Fixed Deposit Created by Father -- Cannot Substitute Monthly Maintenance
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Fixed Deposit Created by Father -- A fixed deposit voluntarily created by a father for the future security of a child cannot be treated as a substitute for monthly maintenance. Where monthly maintenance is awarded, the father cannot be compelled to continue the fixed deposit in addition to making periodic maintenance payments, and the court must permit closure of the fixed deposit if he so intends. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Comparable Income of Spouses -- Where both spouses are similarly qualified and earning comparable incomes, and no material is placed to establish that the wife is no longer employed or unable to maintain herself, refusal of maintenance to the wife does not suffer from any infirmity.
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