Showing : 1-10 of 65 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67-- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6 months and..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Recovery - When liability to pay maintenance is a continuing liability, beneficiary cannot be directed to file successive applications - Husband directed to pay entire arrears of maintenance due...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance to wife - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband - Striking off contentions of husband is neither a mode of enforcement nor a substitute for recovery -..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non-payment - Imprisonment in default of payment - Award of one months imprisonment for default in payment of maintenance for 16 months - Court has no jurisdiction to enhance the sentence from one month to 11 months in the same proceedings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment - Liability to pay maintenance is a continuing liability, for which there is no necessity of filing successive applications - Wife can file one application for recovery of amount due for number of months as arrears of maintenance - Magistrate is competent to award..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non-payment - Imprisonment - Maximum period for which a person against whom realisation of arrears of maintenance amount is due is taken into custody can be for a period of one month and not beyond that - It can be less than one month if payment is made prior to the completion of one..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Default in payment - Sentence of imprisonment - A month's imprisonment for every month's default is maximum penalty u/s 125(3) Cr.P.C., not a maximum of a month's imprisonment for total default - However, a month's imprisonment for every default is not the rule and sentencing cannot..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Non payment - Family Court can execute an order of maintenance passed by Magistrate u/s 125(3) Cr.P.C...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Non payment - Family Court can execute an order of maintenance passed by Magistrate u/s 125(3) Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Wife herself imposing unreasonable pre-condition for her husband to first desert his mother in order to enjoy her company - No such special reasons have been assigned by wife as to why she is not willing to live with and in the company of her mother-i, law - Imposition of..........

Showing : 1-10 of 65 Results