Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - Family Court has power to recall and restore a proceeding u/s 125 Cr.P.C disposed of and dismissed due to non-appearance of applicant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - An application for maintenance is not a complaint as defined in S.2(d) Cr.P.C. - Bar contained in S.362 Cr.P.C. is not attracted - Proceedings u/s 125 Cr.P.C. dismissed for non appearance can be restored...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order of maintenance passed by Court on an application filed by wife u/s 125(1) Cr.P.C cannot be taken as exception merely because husband is ready and willing to take her back...........
Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
Criminal Procedure Code, 1973, Section 125 -- Second petition for maintenance - Maintenance granted earlier - Second petition is hit by principle of res judicata - In case there is change in circumstances the legal recourse available is u/s 127 Cr.P.C. - Case will be different if earlier petition is dismissed for non prosecution or otherwise...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Criminal Procedure Code, 1973, Section 397, 125 -- Revision - Order of rejection of application u/s 125 Cr.P.C - Court below passed erroneous order by considering income of husband as Rs.30,000 only - Whereas, Husband admitted his salary as Rs.47,000 p.m - Finding runs against the record and not in accordance with law - Revisional Court has ample power to correct order and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to maintenance u/s 125 Cr.P.C once she had taken resort to proceeding u/s 125 Cr.P.C. notwithstanding availability of alternative remedy provided under Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compelling husband to file his salary slip in maintenance proceedings - Husband is not an accused - Protection granted u/art 20(3) of Constitution does not apply to husband...........
Criminal Procedure Code, 1973, Section 125, 397, 401, Family Courts Act, 1984, Section 19 -- Order of interim maintenance in a petition u/s 125 Cr.P.C. by Family Court is an interlocutory order - Challenged thereto - Neither revision u/ss 397, 401 Cr.P.C. nor appeal u/s 19 of Family Courts Act is maintainable...........
