Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Magistrate has `implied power' to grant interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by the Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband himself conceded that he will pay maintenance granted by the Civil Court together with maintenance granted u/s 125 Cr.P.C. - Husband cannot now contend that the two remedies are mutually exclusive and that he should be relieved from having to pay the aforesaid amounts...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Dismissal in default - Restoration - Wife failed to appear in Court on date of hearing due to illness - Sufficient cause for non appearance - Magistrate ordered restoration of maintenance petition - Order upheld...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Divorced Muslim woman claiming maintenance u/s 125 Cr.P.C. - Claim of maintenance without following the due procedure as contemplated u/s 5 of the Muslim Women Act - Maintenance petition not maintainable - Impugned order of grant of maintenance quashed and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application for - Dismissed in default - Restoration of - Plea that recalling of dismissal order would amount to altercation in order as defined in S.362 and, therefore, is not permissible - Held, prohibition imposed by S.362 of the Code is to the extent of impermissibility pertaining to alteration of judgment or..........
Criminal Procedure Code, 1973, Section 125(4) -- Divorce by mutual consent - Lump sum payment by husband - Claim for maintenance - Held, even if there was any divorce by mutual agreement and husband had made lump sum payment to wife she was not debarred from claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If it is impossible for wife to maintain herself in town of Agra from her monthly income, then the husband is liable to pay maintenance...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Granted upto period of Iddat - Thereafter she moved an application under S.3 of the Act which was allowed by the trial Court but was dismissed by revisional Court - The order of revisional Court became final as the same was not challenged in the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Cruelty against wife by husband and in laws - Allegation of Marpit and harassment due to demand of dowry - Wife ousted from her matrimonial house - Wife living in her parental house - Wife being illiterate lady had no source of income - Held, wife entitled to maintenance of Rs.1,000/- per month...........
