Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Whether civil or criminal - Even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify or become criminal proceedings - Nomenclature of maintenance proceedings initiated under Cr.P.C, as those..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Proceedings initiated u/s 125 Cr.P.C are summary in nature - Findings in these proceedings do not have a binding effect on any other civil or criminal Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings u/s 125 Cr.P.C are primarily civil in nature and summary proceedings and strict rules, rules of evidence are not applied by Courts in summary proceedings - Impugned order of rejection of application by Court below taking hyper technical approach that marriage of husband with wife has not been..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Though application u/s 125 Cr.P.C is made before Criminal Court as defined u/s 6 Cr.P.C, but right decided by Court is purely civil in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 6, Rule 17 -- Maintenance - Amendment of petition - Proceedings are quasi civil in nature meaning thereby that it has ingredients of both civil and criminal - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Proceedings are quasi civil and quasi criminal - Amendment sought is only for addition of minor children in the petition and that does not make any difference in the nature of application - Order allowing amendment, upheld...........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C are quasi civil and quasi criminal in nature - It is a summary trial - It is a summary trial...........
Guardians and Wards Act, 1890, Section 10, 25, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 10 r/w S.25 of Act of 1890, being civil in nature, under special social welfare statue, will have overriding effect over general proceedings or findings recorded u/s 125 Cr.P.C. which is criminal in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction of Magistrate to award maintenance is not strictly criminal in nature - Remedy provided u/s 125 Cr.P.C. is a remedy to secure reasonable sum by way of maintenance subject to a degree that may be decided by competent civil Court...........
