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...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Petition seeking maintenance ought to have been independently proceeded with, without being bogged down by question of legitimacy which was agitated in civil proceedings...........
Criminal Procedure Code, 1973, Section 125(5), 127 -- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before Magistrate to prove..........
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...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petition u/s 125 Cr.P.C. is maintainable when maintenance is granted by civil court which is purely gratuitous and unwarranted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
