Criminal Procedure Code, 1973, Section 125(3), 128 -- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom warrant is issued fails..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Execution - Plea that wife is not entitled to maintenance as she is living in adultery - Such plea is not available in a petition for execution of award of maintenance - In the event of change of circumstances order can be got modified u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 62 -- Order granting maintenance - Review of - Held, order passed by trial Court in proceeding u/s.125 CPC is neither an order of acquittal nor a conviction - Equally, it is not a discharge order too - On husband's application, trial Court can modify/recall/review ex parte order of maintenance ordered, if circumstances so require..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Sessions Court in revisional jurisdiction reduced the interim maintenance - Revision there against - Record shows that there is some dispute over factual aspects which are required to be decided in trial Court and not in revisional forum - Held, trial Court directed to dispose of main case u/s 125 of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife was subjected to torture by husband and i, laws and wife initiated a criminal case u/s 498-A IPC against her husband and in laws - Wife living separately - Held, living separately from the husband not a ground for refusing the prayer of wife for maintenance - Order of maintenance, in favour of wife, calls for..........
Criminal Procedure Code, 1973, Section 125, 126 -- Maintenance - Ex parte order - Specific remedy is provided in the Code for redressal of grievance - If remedy provided under the Code is not availed then power u/s 482 Cr.P.C not to be resorted to - On merits of case order awarding Rs.1,000/- to wife and Rs.200/- to each child not extravagant - No good ground to interfere..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Muslim woman - Filing of petition - Applicability of S.125(3) Cr.P.C. - Held, S.125(3) of Cr.P.C. has no application in a case filed u/ss 3 and 4 of the Act as those provisions start with no, obstinate clause and basically for protecting..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Recording of evidence - Exercise of power u/s 126(2) - Held, personal attendance of opposite party may be dispensed with on showing good and cogent reasons - Evidence can be recorded in presence of pleader of party against whom order of maintenance is to be made - While exercising his discretionary power..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Against son - Jurisdiction - Held, claim for maintenance by parent against son u/s 125 of Code lies at the place where son resides...........
Criminal Procedure Code, 1973, Section 125,126, Family Courts Act, 1984, Section 7(1) -- Maintenance - Commencement of proceeding u/s 125 CrPC - Jurisdiction governed by S.126 of the Code - Proceeding cannot be converted and treated as suit or proceeding u/s 7(1) of the Act, 1984...........
