Section 125 CrPC Archives

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

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Case Briefs Supreme Court

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,

Case Briefs High Courts

HP HC | Remedy under S. 125 CrPC and S. 12 of DV Act, 2005 are distinct and different; Law does not prohibit wife to proceed under both of the said statutory provisions simultaneously or otherwise; Petition dismissed

Himachal Pradesh High Court: Ajay Mohan Goel J., while rejecting the present criminal revision sought against the compensation and maintenance allowed by

Case Briefs High Courts

[Maintenance to Muslim wife] All HC | “S. 125 CrPC perhaps one of the most secular enactment ever made in this country”: HC while upholding maintenance awarded to divorced Muslim wife

Allahabad High Court: Pradeep Kumar Srivastava, J., while addressing the present matter, observed that: … right of maintenance available to wife from

Case Briefs High Courts

Ker HC | In matrimonial matters preference is to be given to convenience and welfare of children over wife; HC dismisses application for transfer of case

Kerala High Court: While deciding an application for transfer of two cases from one jurisdiction to another, R. Narayana Pisharadi, J., disposed

Case Briefs High Courts

Madras HC | Is an illegitimate child entitled to maintenance under S. 125 CrPC? HC reiterates legal position

Madras High Court: B. Pugalendhi, J., while addressing an issue observed and reiterated the established position of the Supreme Court that, under Section

Case Briefs Supreme Court

Can an unmarried Hindu daughter claim maintenance from her father? SC clarifies the legal position

Supreme Court: The 3-judge bench of Ashok Bhushan. R. Subhash Reddy and MR shah, JJ has held that an unmarried Hindu daughter