Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded in proceedings u/s 125 Cr.P.C are not final and parties are always at liberty to agitate their rights in Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage is a question of law - But it is out of concern of Family Court while exercising jurisdiction u/s 125 Cr.P.C - It is within realm of civil Court to adjudicate it - Family Court exercising jurisdiction u/s 125 Cr.P.C thus, bound by a decree passed by Civil Court on validity of marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Striking off defence invoking jurisdiction U.O.6.R.16 CPC or u/s 151 CPC - Such power is available to Court exercising civil jurisdiction and it is alien to Criminal Courts...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Either of parties aggrieved by order of maintenance u/s 125 Cr.P.C, can approach civil Court for declaration of status as order passed u/s 125 Cr.P.C does not finally determine rights and obligations of parties...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
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...........
