Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two children - Husband is a senior police officer and is drawing handsome salary - Both the parties have levelled allegations and counter allegations against each other - Wife is not gainfully employed anywhere - She needs expenses for herself and for her children -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte interim injunction - Where an ex parte injunction is granted, injunction application has to be decided within a period of 30 days as per provision of O.39.R.3-A CPC...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
Custody of child -- Claimed by mother - Writ of habeas corpus - Child is in custody of close relatives of father of child - Mother filed custody petition after about more than 11 months after the respondents had illegally taken the custody of child - No plausible explanation given for the same - Moreover, father of child himself has moved a petition seeking relief of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasonable time was not afforded to opposite party to oppose prayer made in the application for interim relief despite the fact that prayer has been made on behalf of defendant to file reply - Trial Court hastened to pass an interim order in mandatory form which in fact is pari materia to prayer as..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Income of husband is Rs.40,000 p.m - What was the actual reason for wife for staying separate would be decided once parties are permitted to adduce their evidence - Liability of husband has also been discussed - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Income of husband is minimum of Rs.15000 pm as discussed by Court below in detail - Wife not able to maintain herself or her daughter - Court below rightly awarded total Rs.5000/- p.m as interim maintenance to wife and daughter...........
