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BOMBAY HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 125-- Divorced wife - Decree of divorce against wife on account of desertion - Such a wife can claim maintenance u/s 125 Cr.P.C. - Plea of desertion by wife cannot be treated to be an effective plea in support of the husband's refusal to pay her maintenance allowance...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 125-- Divorced wife - Deemed to be a wife and is entitled to claim maintenance - She is entitled to claim maintenance irrespective of the reasons for divorce, the procedure adopted or forum chosen...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Muslim Women (Protection of Rights on Divorce) Act, 1986 - Maintenance - Divorced Muslim woman - Held, cannot claim maintenance from her former husband u/s 125 of Code - Her remedy to claim maintenance is only under 1986 Act, which is a complete Code in itself on matter of maintenance etc. for a..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125(4)-- Divorce by mutual consent - Lump sum payment by husband - Claim for maintenance - Held, even if there was any divorce by mutual agreement and husband had made lump sum payment to wife she was not debarred from claiming maintenance u/s 125 Cr.P.C...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Criminal Procedure Code, 1973, Section 125-- Maintenance - Divorced Muslim wife is entitled to claim maintenance u/s 125 Cr.P.C. - Maintenance cannot be granted to her u/s 3/4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Claim by divorced wife - Wife suffered divorce for her own contumacious matrimonial conduct - Held, divorced wife continues to be a deemed wife for the purpose of S.125 Cr.P.C. - She is entitled to claim maintenance...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 18-- Minor children - Maintenance - In a petition for divorce wife made a statement to maintain two minor children - Statement of mother of children is of no value as children are not party in the divorce petition - Father of minor children cannot take benefit from the statement of mother - Father..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4-- Maintenance - Muslim Woman - Even after enactment of Muslim Woman (Protection of Rights on Divorce) Act, petition for maintenance u/s 125 Cr.P.C. by a Muslim Woman is maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 125(4)-- Maintenance - Claimed by divorce wife - Wife living in adultery after divorce - Held, wife is entitled to maintenance - Section 125 (4) Cr.P.C. does not apply to the case of a woman who has been divorced or who has obtained a decree of divorce...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Application for maintenance filed by wife in the year 2001 - Wife living separately since 1973 - Husband alleging mutual divorce - Mutual divorce not proved - Fact that wife did not claim any maintenance from 1973 to 2001 will not disentitle wife from claiming maintenance...........

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