Criminal Procedure Code, 1973, Section 125 -- Order of maintenance - Review or alteration of order - Order passed u/s 125 Cr.P.C is capable of alteration in terms of language of different sections of Cr.P.C itself - Court is entitled to cancel its earlier order and pass a different order in facts and circumstances of the case before it...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Claimants would be entitled to file a consolidated application for recovery of previous 12 months dues - Consolidated application shall be treated as 12 individual claims for recovery of monthly allowances of previous 12 months...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where defaulter repeatedly breaches order of maintenance u/s 125 Cr.P.C, Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each months dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every months..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where no order of interim maintenance has been passed and Court, while finally deciding application for maintenance, orders that maintenance shall be payable from date of filing of application, claimant may file an application for recovery of accrued amount and such application shall be..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Application for recoveries cannot be made for a period of more than 1 year's arrears...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Directions issued to all Magistrates/Family Courts across the State of Rajasthan seized of applications u/s 125 Cr.P.C that: (i) after passing of order, Court shall facilitate claimant to move an application for recovery of maintenance amount on the same day when application is decided; (ii)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Divorce by mutual consent - Amount paid in such proceedings was also towards maintenance of child - After matter is compromised and affidavits/documents in support of compromise are submitted then it would not lie in the mouth of any of the parties to backtrack from the same, moreso, after having..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C can be claimed by a person irrespective of belonging to any religious community - Object to said section is to provide immediate relief to an applicant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband resigned from his job two times, which shows that he has adequate financial banking - Contention of husband that wife is earning, rejected in absence of any document to fortify the claim set up by him - More so, husband filed a petition u/s 13 of Hindu Marriage Act, which shows that it is..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Composite sentence of civil imprisonment for a period of 12 months - Court cannot impose composite civil imprisonment in case of default in payment of maintenance arrears/allowances for a period of more than one month in a single stroke - Impugned order held, set aside...........
