Criminal Procedure Code, 1973, Section 125(1) -- Expln. Clause (b) - Decree for restitution of conjugal rights obtained by husband - Wife failed to comply - Husband then obtained a decree for divorce - Held, such wife does not fall in clause (b) of the Explanation - She is not entitled to claim maintenance under Section 125 Cr.P.C...........
Civil Procedure Code, 1908, Section 47 -- Suit dismissed with costs - Decree prepared for realisation of costs from plaintiff - Execution petition, by defendant, decree holder - Executing Court directing delivery of possession of suit land to decree holder - Illegal, as decree was only for recovery of costs and not for recovery of possession or restitution of possession of..........
Civil Procedure Code, 1908, Section 144 -- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 11, Rule 14 -- Restitution of conjugal rights - Production of documents - Plea by wife that there was no consummation of marriage and no cordial relationship existed between husband and wife - Husband is entitled to call upon wife to produce letters written by him to her to prove cordial relationship...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 100, 101 -- Person other than J.D. dispossessed - Such person can either file application U.O.21.R.99 before Executing Court or to file suit for restitution - Both remedies cannot be resorted to at the same time - Where person dispossessed has filed suit for restitution when his application U.O.21.R.99 is before Executing..........
Criminal Procedure Code, 1973, Section 12S -- Ex parte decree of restitution of conjugal rights got by the husband from civil Court is not binding on the Criminal Court exercising jurisdiction u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance order passed - Husband subsequently getting decree of restitution of conjugal rights from Civil Court - Ipso facto does not disentitle wife from getting maintenance - Husband to apply to Court u/ s 125(5) for cancellation of the maintenance order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree of restitution of conjugal rights against wife passed by Civil Court - Wife shall not be entitled to claim maintenance u/s 125 Cr.P.C., if in the proceedings before the Civil Court a specific issue has been framed that whether without sufficient cause, the wife refuses to live with the husband and parties..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Held, restitution or order of that nature has to be treated as a decree whether it is passed under S.144 or under S.151 CPC...........
Criminal Procedure Code, 1973, Section 127, 125 -- Interim maintenance - Subsequently Civil Court granted decree for restitution of conjugal rights holding that wife had withdrawn from society of husband - Husband justified in seeking revocation of grant of interim maintenance - Order of payment of interim maintenance quashed...........
