Section 125 CrPC Archives

HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof

Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,

Case Briefs High Courts

Daughter turning major, will not be entitled to maintenance from father? Andhra Pradesh HC explains the law

Andhra Pradesh High Court: While explaining the law on whether father is obligated to provide maintenance to his daughter irrespective of the

Case Briefs Supreme Court

SC allows reduction in sentence under S. 498-A IPC if husband pays Rs 3 lakh compensation to wife, children

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. agreed to reduce the sentence of the appellant−husband convicted

Case Briefs High Courts

Del HC | Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code

Delhi High Court: Prathiba M. Singh, J., held that, “…relegating parties to customary Courts when they themselves admit that they are following

Case Briefs High Courts

Delhi HC decides that Father’s obligation to maintain a child cannot end once he/she turns 18 years of age. Read why

Delhi High Court: Subramonium Prasad, J., while allowing in part the revision petition filed challenging the Family Court’s maintenance order made a

Case Briefs High Courts

Del HC | Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter

Delhi High Court: Subramonium Prasad, J., while addressing a revision petition in regard to maintenance of wife, held that Magazine covers are

Case Briefs High Courts

Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son

Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance

Case Briefs High Courts

All HC | Rent Allowance vis-a-vis Maintenance Allowance: Whether under S. 125 CrPC, rent allowance is included under maintenance allowance? Read to know

Allahabad High Court: Suresh Kumar Gupta, J., while addressing an issue with maintenance allowance determined a very significant point of whether rent

Case Briefs High Courts

Ker HC | If a neglected wife is being maintained by her eldest son, would that exempt the husband from his liability to maintain the wife under S. 125 CrPC? HC explains

Kerala High Court: Mary Joseph, J., while addressing an issue of maintenance under Section 125 of Criminal Procedure Code, 1973, expressed that

Case Briefs High Courts

Madras HC | Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision

Madras High Court: K. Murali Shankar, J., addressed the issue with regard to payment of maintenance, whether from the date of application

Case Briefs High Courts

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as

Case Briefs High Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Banking and Negotiable Instruments High Court Round Up Legal RoundUp

2020 Wrap-Up — Family Law & Allied Provisions

In our series of 2020 wrap-ups, let’s revisit and take a dive at some of our stories on family laws and how

Case Briefs High Courts

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to

Case Briefs High Courts

Del HC | Central Government and/or prescribed officer draw power to award maintenance to wife and children of Air Force personnel from provisions of Air Force Act

Delhi High Court: The Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., while addressing the instant matter, observed that: The wife

Case Briefs High Courts

Guj HC | Will permanent alimony granted to a Muslim woman be conditional to her remarriage? Detailed report untangling significance of ‘Permanent Alimony’ & ‘Periodical Maintenance’

Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony

Case Briefs High Courts

Del HC | If interim maintenance by wife has already been secured under Domestic Violence Act, will application under S. 125 CrPC be maintainable? Court answers

Delhi High Court: Vibhu Bakhru, J., addressed a matter wherein the question was considered whether an application under Section 125 Criminal Procedure Code,

Case Briefs High Courts

Bom HC | Whether unmarried daughter who is major by age, entitled to claim maintenance from father till her marriage? HC explains law in light of Hindu Adoption & Maintenance Act

Bombay High Court: Nitin W. Sambre, J., while setting aside the orders pronounced by the Courts below observed that, “the law already gives

Case Briefs High Courts

Kar HC | Is petition under S. 125 CrPC maintainable when an order of compensation has been granted under Protection of Women from Domestic Violence Act, 2005; Petition allowed

Karnataka High Court: Jyoti Mulmani J., allowed the revision petition on grounds of failure to ascertain and understand the material propositions involved

Case Briefs High Courts

Ker HC | If a wife obtains husband’s consent for marriage by suppressing material facts like cardiac ailments, would that amount to fraud? Bench explains whether marriage can be declared null & void

Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., upheld the Family Court’s decision wherein the wife obtained the