Section 125 CrPC Archives

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

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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

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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

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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

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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

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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

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MP HC | Husband is liable to maintain his wife; Rs 3000 pm maintenance is not on the higher side

Madhya Pradesh High Court: Vivek Rusia, J. dismissed the revision petition and directed the applicant to pay Rs 3000 as maintenance to

Case Briefs High Courts

MP HC | Maintenance order under S. 125 CrPC cancelled as wife was living separately without any justified reason

Madhya Pradesh High Court: S.K. Awasthi, J. contemplated a revision application under Section 19(4) of Family Courts Act, 1984 read with Sections

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P&H HC | Wife entitled to permanent alimony even if a decree declaring her marriage null and void has been passed under S. 11 of HMA

Punjab and Haryana High Court: A Division Bench of Rakesh Kumar Jain and Harnaresh Singh Gill, JJ. allowed an appeal asking for

Case Briefs High Courts

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

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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

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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

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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