Section 125 CrPC Archives

Del HC | Details of listing of husband’s business on various websites held sufficient for making prima facie assessment in favour of wife for grant of maintenance under DV Act

Delhi High Court: Sanjeev Sachdeva, J. allowed a petition filed by the petitioner-wife against the order of the appellate court whereby it had

Case Briefs High Courts

Cal HC | ‘Divorced wife’ who hasn’t remarried held entitled to execute order granted under S.12 of DV Act; existence of ‘domestic relationship’ dispensed with

Calcutta High Court: Madhumati Mitra, J. dismissed an application filed by the petitioner to quash the order of the Additional Sessions Judge whereby

Case Briefs High Courts

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and Ramesh Chandra Khulbe, JJ. entertained an appeal by the appellant-wife under Section

Case Briefs High Courts

Gau HC | Husband bound to maintain wife and child under S. 125 CrPC in absence of specific evidence as to the income of wife

Gauhati High Court: Hitesh Kumar Sarma, J. dismissed a revision petition filed against the order of the family court whereby the petitioner was

Case Briefs High Courts

Del HC | Expenses of the child cannot be equally divided between parents; amount payable by husband under S. 125 CrPC towards maintenance of child increased

Delhi High Court: Sanjeev Sachdeva, J. partly allowed a revision petition against the order of the trial court passed under Section 125 CrPC

Case Briefs High Courts

Del HC | Wife can claim monetary relief under S. 20 of Domestic Violence Act in addition to maintenance under S. 125 CrPC; trial court order holding contrary set aside

Delhi High Court: Sanjeev Sachdeva, J., reiterated that proceedings under the Protection of Women from Domestic Violence Act, 2005 and under Section 125

Case Briefs High Courts

Del HC | Trial Court can award maintenance under S. 125 CrPC on basis of admissions on record, proving factum of marriage in every case not necessary

Delhi High Court: Sanjeev Sachdeva, J.dismissed a petition filed against the order of the trial court whereby it had recalled its earlier order

Case Briefs High Courts

Del HC | Maintenance under S. 125 CrPC to be ordinarily awarded from date of application; award from date of order is exception

Delhi High Court: Sanjeev Sachdeva, J., modified the trial court’s order awarding maintenance to the petitioner-wife and directed the respondent-husband to the pay

Case Briefs High Courts

Del HC | Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC

Delhi High Court: Sanjeev Sachdeva, J. disposed of a petition filed in a matrimonial dispute by allowing the petitioner (wife) to prove additional

Case Briefs High Courts

Del HC | Wife can maintain S. 125 CrPC application even at a place where she is residing for time-being

Delhi High Court: The Bench of Sanjeev Sachdeva, J. dismissed a revision petition filed by the husband against the judgment of the trial

Case Briefs High Courts

Del HC | Order rejecting Section 125 CrPC application on basis of detectives’s report quashed

Delhi High Court: The Bench of Sanjeev Sachdeva, J. directed the parties to appear before the trial court for fresh consideration of an

Case Briefs High Courts

P&H HC | Transfer Petition under Section 9 of Hindu Marriage Act allowed in light of socio-economic difficulties faced by wife

Punjab and Haryana High Court: The Bench of H.S. Madaan, J., allowed an application seeking transfer of Petition under Section 9 of

Case Briefs High Courts

Del HC | Wife not entitled to maintenance under Section 125 CrPC for period prior to grant of divorce if decree passed on ground of desertion

Delhi High Court: The Bench of Sanjeev Sachdeva, J. disposed of a petition holding that the petitioner (wife) was not entitled to maintenance

Case Briefs High Courts

Delhi HC | Conclusive proof of marriage cannot be made basis to repel order of DNA testing for purpose of Section 125 CrPC

Delhi High Court: The Bench of Sunil Gaur, J. upheld the order of the trial court directing DNA testing of the petitioner. DNA

Law made Easy

Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts

Uttaranchal High Court: A Division bench comprising of Rajiv Sharma and Alok Singh, JJ. dismissed an appeal filed against the judgment of

SCC Times

Section 125 CrPC

Del HC | Details of listing of husband’s business on various websites held sufficient for making prima facie assessment in favour of wife for grant of maintenance under DV Act

Cal HC | ‘Divorced wife’ who hasn’t remarried held entitled to execute order granted under S.12 of DV Act; existence of ‘domestic relationship’ dispensed with

Utt HC | Non-disclosure of major ailments before marriage amounts to ‘cruelty’ although the aliments itself are no grounds for divorce; dissolution of marriage upheld

Gau HC | Husband bound to maintain wife and child under S. 125 CrPC in absence of specific evidence as to the income of wife

Del HC | Expenses of the child cannot be equally divided between parents; amount payable by husband under S. 125 CrPC towards maintenance of child increased

Del HC | Wife can claim monetary relief under S. 20 of Domestic Violence Act in addition to maintenance under S. 125 CrPC; trial court order holding contrary set aside

Del HC | Trial Court can award maintenance under S. 125 CrPC on basis of admissions on record, proving factum of marriage in every case not necessary

Del HC | Maintenance under S. 125 CrPC to be ordinarily awarded from date of application; award from date of order is exception

Del HC | Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC

Del HC | Wife can maintain S. 125 CrPC application even at a place where she is residing for time-being

Del HC | Order rejecting Section 125 CrPC application on basis of detectives’s report quashed

P&H HC | Transfer Petition under Section 9 of Hindu Marriage Act allowed in light of socio-economic difficulties faced by wife

Del HC | Wife not entitled to maintenance under Section 125 CrPC for period prior to grant of divorce if decree passed on ground of desertion

Delhi HC | Conclusive proof of marriage cannot be made basis to repel order of DNA testing for purpose of Section 125 CrPC

Maintenance – Children and Parents

Maintenance – Wife

Agreement wherein wife relinquish her right to maintenance is unenforceable: Bombay HC

Ker HC | Wife cannot be denied maintenance on the sole ground that she is qualified and can maintain herself

Proceedings under Section 125 CrPC summary in nature; no strict proof of marriage required: SC

Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts