Section 125 CrPC Archives

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

Case Briefs High Courts

Gau HC | Wife who leaves matrimonial home on her own, but under compelling circumstances, is entitled to maintenance under S. 125 CrPC

Gauhati High Court: Hitesh Kumar Sarma, J., while disposing of a criminal revision petition filed against the order of the Additional Sessions Judge,

Case Briefs High Courts

Pat HC | Award of maintenance under S. 125 CrPC to ex-wife set aside where she was able to maintain herself

Patna High Court: Ahsanuddin Amanullah, J. set aside the maintenance awarded to the respondent under Section 125 CrPC as the respondent is

Case Briefs High Courts

Del HC | Factum of marriage; held is a matter of trial; award of interim maintenance to wife under S. 125 CrPC upheld

Delhi High Court: Manoj Kumar Ohri, J. dismissed a revision petition filed by the petitioner challenging the order passed by the Family Court

Case Briefs High Courts

Pat HC | Maintenance denied to wife when divorce granted on grounds of adultery, pendency of appeal to set aside such divorce decree cannot be a reason to uphold order of maintenance

Patna High Court: Ahsanuddin Amanullah, J. allowed the application of the petitioner to set aside the order granting maintenance to his wife

Case Briefs High Courts

P&H HC | Bail granted as a right with the condition to comply with the order of payment of arrears of maintenance within stipulated time

Punjab and Haryana High Court: Gurvinder Singh Gill, J. allowed the petition for the anticipatory bail with the condition to comply with

Case Briefs High Courts

MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family

Madhya Pradesh High Court: S.K. Awasthi, J., dismissed the petition filed by the petitioner under Section 482 CrPC for quashing the maintenance

Case Briefs High Courts

Jhar HC | Maintenance suit dismissed on petitioner’s failure to produce ‘Nikahnama’; directed to file an application under Domestic Violence Act

Jharkhand High Court: Deepak Roshan, J. disposed of an application made by the petitioner for maintenance under Section 125 CrPC. The petitioners

Case Briefs High Courts

Del HC | Earlier order of maintenance under DV Act is no bar for wife claiming maintenance under S. 24 of Hindu Marriage Act

Delhi High Court: A Division Bench of G.S. Sistani and Jyoti Singh, JJ. allowed an appeal filed by the appellant-wife against the order