Section 125 CrPC Archives | Page 4 of 6

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

Case Briefs High Courts

Jhar HC | Object of S. 125 CrPC is to ensure that a wife, minor children or helpless parents do not suffer in penury

Jharkhand High Court: Shree Chandrashekhar, J., addressed an issue with regard to maintenance under Section 125 of the Code of Criminal Procedure Code.

Case Briefs High Courts

Del HC updates Affidavit of Assets, Income & Expenditure to be filed at threshold of matrimonial disputes; Issues modified directions [Detailed Report: Read Directions]

Delhi High Court: J.R. Midha, J. laid modified directions and affidavit of assets, income and expenditure to be filed by both the

Case Briefs High Courts

Tri HC | “Woman who lived like wife, cannot be deprived of maintenance”: Court grants maintenance to woman who “lived like wife” for 10 yrs

Tripura High Court: S. Talapatra, J., while addressing a matter with regard to provision of maintenance, observed that, When one statute ensures maintenance for

Case Briefs High Courts

[S. 125 CrPC] Bom HC | Wife cannot be denied maintenance on ground of having a source of income

Bombay High Court: N.J. Jamdar, J., while addressing a revision application with regard to maintenance under Section 125 of Code of Criminal

Case Briefs High Courts

P&H HC | Disgruntled wives use provisions of S. 498- A IPC as a weapon rather than shield

Punjab and Haryana High Court: Jaishree Thakur, J., allowed a petition filed under Section 482 CrPC and held that, “Disgruntled wives use the

Case Briefs High Courts

Del HC | [Maintenance] Provisions of S. 125 CrPC are for the welfare of neglected wives, children and parents

Delhi High Court: Manoj Kumar Ohri, J., while addressing the present petition against the order of family Court wherein the petitioner’s maintenance

Case Briefs High Courts

Del HC | Assessment under S. 125 CrPC relates back to the date of application; family court’s decisions granting maintenance from the date of order set aside

Delhi High Court: Manoj Kumar Ohri, J., allowed a criminal revision petition filed by the complainant-wife challenging the order of the family court

Case Briefs High Courts

Del HC | “Capable of earning” different from “actual earning”; Capacity to earn is no ground to reduce maintenance awarded to wife

Delhi High Court: Manoj Kumar Ohri, J. dismissed a revision petition filed against the order of the Family Court whereby the petitioner-husband was

Case Briefs High Courts

Sikk HC | Maintenance under S. 125 of CrPC cannot be denied if the wife “commits adultery” but can only be denied if she is “living in adultery”

Sikkim High Court: Arup Kumar Goswami, CJ., dismissed the petition against the refusal to pay maintenance to the wife because she allegedly