Criminal Procedure Code, 1973, Section 125 -- Maintenance to major daughter - Obligation of father to maintain a daughter until her marriage is recognized u/ss.20 & 21 of Hindu Adoptions and Maintenance Act and said legal right cannot be enforced by daughter in present petition - Being a major she could not have maintained a petition against her father u/s 125 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 125, 105 -- Maintenance - Execution - Husband living outside territory of India - Held, it cannot be a reasonable basis for invoking extraordinary remedy u/Art.32 of Constitution inasmuch as provisions of Cr.P.C. i.e. S.105 makes elaborate provision for service of summons in case person summoned by Court resides outside territory of..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21 -- Residence order - Jurisdiction of Family Court - Petition filed by wife for grant of maintenance u/s.125 Cr.P.C. - No application made by wife praying for residence order - Held, remedies u/ss 18, 19, 20, 21 of Act could be sought by filing written..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Recovery - Procedure provided for levying of fines and recovery as provided in S.421 Cr.P.C. be adopted for recovery of arrears of maintenance granted u/s.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 126, 274, 296 -- Maintenance proceedings - Statements of parties - Held, statements of parties to a proceedings u/s.125 Cr.P.C. cannot be termed as of formal character and hence cannot be given by way of affidavit...........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Maintenance pendente lite - Dismissal of petition for grant of maintenance filed u/s 125 Cr.P.C. - Not a bar to grant maintenance pendente lite - Standard of proof and considerations for grant of maintenance u/s.125 of Cr.P.C. are slightly different from consideration for grant of..........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Validity - Respondent-wife had intentionally hidden the fact that she had filed an application u/s.125 Cr.P.C. and Special Judge had granted her maintenance for Iddat period - She had procured subsequent order of maintenance by playing fraud upon Court - Held, once an order has been procured by fraud,..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125, 127, Civil Procedure Code, 1908, Order 23, Rule 3 -- Maintenance - Compromise in a petition u/s 125 Cr.P.C. whereby consolidated amount towards permanent alimony paid and wife giving up any future claim for maintenance - Petition for maintenance by wife u/s 18(2) of Hindu..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - An agreement by which a wife waives her right guaranteed u/s 125 Cr.P.C. is an agreement against public policy, hence void...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorce by mutual consent u/s 13-B of Hindu Marriage Act granted and wife accepted lump sum amount of maintenance as full and final settlement - Parties residing separately - Held, wife is not entitled to maintenance...........
