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Results of s 126 of criminal procedure code

Showing : 1-10 of 37 Results

DELHI HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Jurisdiction - S.126(1) does not contemplate a permanent place of residence - Wife is entitled to maintain petition both at the place where husband is residing as also at the place where she is residing - Even a place where wife is for the time being residing would confer jurisdiction on such Court...........

DELHI HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Territorial jurisdiction - Residence temporarily acquired solely for conferring jurisdiction would not satisfy requirement of S.126(1) Cr.P.C...........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte - If Magistrate is satisfied that non applicant is willfully avoiding service or willfully neglecting to attend Court, Court may proceed to hear and determine the case ex parte - Prior service of summons on non applicant is not a pre-condition for such person to be proceeded ex parte...........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte - Earlier notices sent by speed post - No specific denial of service of such notices - Difficult to find fault with ex parte order...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 126(2) -- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls for no interference...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Issue as to territorial jurisdiction of Court - Applicant never raised said issue before Family Court and even submitted to its jurisdiction till completion of trial and delivery of judgment - It would therefore be wholly improper to allow applicant to raise issue of territorial jurisdiction for the first..........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 125, 126, 127 -- Enhancement of maintenance - Wife living separately from her husband with her two children - She is a house wife and does not have an independent source of income - Family Court awarded Rs.4000 to wife and Rs.2,500 to each child - Wife claiming a sum of Rs.10,000 p.m - Taking into account the income of husband and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

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...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Ex parte order - Specific remedy is provided in the Code for redressal of grievance - If remedy provided under the Code is not availed then power u/s 482 Cr.P.C not to be resorted to - On merits of case order awarding Rs.1,000/- to wife and Rs.200/- to each child not extravagant - No good ground to interfere..........

Showing : 1-10 of 37 Results