Showing : 11-20 of 65 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Protection of Women From Domestic Violence Rules, 2006, Rule 6(5), Criminal Procedure Code, 1973, Section 125-- Maintenance order passed u/s 12 of Act of 2005 - Non payment of maintenance - Civil imprisonment - Order passed u/s 12 of Act of 2005 is enforceable in the same manner as laid down u/s 125 Cr.P.C. - Magistrate u/s 125(3) of Cr.P.C. can issue warrant for levying the amount due and even if warrant..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment for more than one month - Magistrate has discretionary power in fixing the period of imprisonment and is empowered to sentence the defaulting person for more than one month and not to confine the sentence to one month only...........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment - Imprisonment once undergone is not sufficient cause to avoid further imprisonment for subsequent breaches...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 125(3)- - Maintenance - Recovery of maintenance beyond period of one year - Proviso only contemplates that recovery of maintenance beyond one year cannot be by way of fine and detention of the defaulter in custody - However, in such a situation the ordinary remedy to recover the amount of maintenance,..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 125(3)-- Minor - Recovery of maintenance - Limitation of one year - So long as said minor does not attain majority for enforcement of maintenance due in arrear there is no limitation of one year under proviso to S.125(3) Cr.P.C. and such application is maintainable and enforceable after period of one year..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
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...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment - Imprisonment in default of payment - Magistrate is not empowered to impose composite sentence for more than one month...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment - Maximum limit of sentence of one month referred to in S.125(3) Cr.P.C. is applicable for each month of default...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125(3), 128-- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Muslim woman - Filing of petition - Applicability of S.125(3) Cr.P.C. - Held, S.125(3) of Cr.P.C. has no application in a case filed u/ss 3 and 4 of the Act as those provisions start with no, obstinate clause and basically for protecting the rights and welfare of divorced Muslim..........

Showing : 11-20 of 65 Results