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Section 125 CrPC

Case BriefsHigh Courts

If divorce is declared in one go and Fatwa is issued, Is muslim wife entitled to maintenance under S. 125 CrPC? All HC answers

Allahabad High Court: Brij Raj Singh, J., while addressing a maintenance case, observed that if a wife proves that she is unable

Published on May 20, 2022May 27, 2022By Bhumika Indulia
Leave a comment4775 views
Case BriefsHigh Courts

If wife sells out some property, in order to maintain her children, would that mean the wife will not have opportunity to claim maintenance under S. 125 CrPC? All HC explains

Allahabad High Court: Brij Raj Singh, J., while discussing the matter with regard to providing maintenance to a wife, noted that the

Published on May 9, 2022May 13, 2022By Bhumika Indulia
1 Comment4433 views
Saket Court
Case BriefsDistrict Court

Is it possible for a husband to suddenly become devoid of all income sources when asked to provide maintenance to his wife? Saket Court elaborates

Saket Courts, Delhi: While addressing a maintenance matter, Anuj Agrawal, Additional Sessions Judge-05, expressed that, it can not be believed that a

Published on May 9, 2022May 13, 2022By Bhumika Indulia
2 Comments5423 views
Case BriefsHigh Courts

[Section 125 CrPC] Husband with sufficient means, is obligated to maintain wife and children? Del HC answers in a maintenance matter

Delhi High Court: In a maintenance matter, Subramonium Prasad, J., expressed that, if a husband has sufficient means, he is obligated to

Published on April 28, 2022May 6, 2022By Bhumika Indulia
2 Comments7835 views
Case BriefsHigh Courts

Only continuous and repeated acts of adultery and/or cohabitation in adultery would attract rigours of provision under S. 125(4) CrPC: Del HC

Delhi High Court: While addressing a matter with regard to a wife’s right to maintenance Chandra Dhari Singh, J., expressed that, only

Published on April 21, 2022April 28, 2022By Bhumika Indulia
Leave a comment7097 views
Case BriefsHigh Courts

If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., expressed that, “If the husband keeps another lady; gives

Published on February 24, 2022February 25, 2022By Bhumika Indulia
Leave a comment9091 views
Case BriefsHigh Courts

Law on Recovery of Maintenance | Limitation of 1 year for recovery of maintenance under S. 125(3) of CrPC and the law on enforcement to claim order of maintenance under S. 128 CrPC: All HC explains

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while addressing a matter regarding recovery of maintenance amount, expressed that, “Sentencing to jail

Published on February 7, 2022February 11, 2022By Bhumika Indulia
4 Comments87979 views
High Court Round UpLegal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

8 Legal Stories of the Week: From High Courts to District Courts

“For a contract to be enforceable, the restraint of trade clause must be reasonable.” [Rajesh Kumar Gandhi v. Mukesh Dutt] Read the

Published on February 6, 2022February 7, 2022By Bhumika Indulia
Leave a comment3917 views
Case BriefsHigh Courts

Court under maintenance proceedings under S. 125 of CrPC, can usurp jurisdiction of Civil Courts? Del HC decides

Delhi High Court: Chandra Dhari Singh, J., decided a maintenance case wherein the marital status of the parties was the crux of

Published on January 31, 2022February 4, 2022By Bhumika Indulia
Leave a comment8252 views
Case BriefsHigh Courts

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA? All HC decides

Allahabad High Court: Syed Aftab Husain Rizvi, J., addressed a revision petition filed by the husband who claimed that the Family Court

Published on January 24, 2022January 29, 2022By Bhumika Indulia
1 Comment14368 views
Case BriefsHigh Courts

“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the

Published on December 23, 2021December 31, 2021By Bhumika Indulia
Leave a comment6604 views
Case BriefsHigh Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Published on December 23, 2021December 31, 2021By Bhumika Indulia
Leave a comment7687 views
High Court Round UpLegal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Published on November 30, 2021December 1, 2021By Bhumika Indulia
Leave a comment4886 views
Case BriefsHigh Courts

Where can a petition under S. 125 CrPC be filed? Del HC discusses law on territorial jurisdiction

Delhi High Court: Subramonium Prasad, J., reiterated the law relating to the territorial jurisdiction of the court to entertain a petition under

Published on November 17, 2021November 26, 2021By Bhumika Indulia
2 Comments22795 views
Case BriefsHigh Courts

Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides

Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125

Published on November 15, 2021November 19, 2021By Bhumika Indulia
Leave a comment11973 views
Case BriefsHigh Courts

Maintenance & Overlapping Jurisdiction | Maintenance can be claimed under DV Act even if already granted under S. 125 CrPC: Del HC reiterates

Delhi High Court: Amit Bansal, J., reversed the order of the trial court as it dismissed the application filed by the petitioner

Published on November 3, 2021November 30, 2021By Bhumika Indulia
Leave a comment20452 views
Case BriefsHigh Courts

Del HC | Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself

Delhi High Court: Expressing that husband must also carry the financial burden of making certain that his children are capable of attaining

Published on October 11, 2021October 15, 2021By Bhumika Indulia
4 Comments9758 views
Case BriefsHigh Courts

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,

Published on September 22, 2021September 30, 2021By Editor
Leave a comment5400 views
Case BriefsHigh 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

Published on September 20, 2021September 23, 2021By Bhumika Indulia
2 Comments11843 views
Case BriefsSupreme 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

Published on September 4, 2021September 9, 2021By Editor
Leave a comment5583 views

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