Criminal Procedure Code, 1973, Section 125, 105 -- Maintenance - Execution - Husband living outside territory of India - Held, it cannot be a reasonable basis for invoking extraordinary remedy u/Art.32 of Constitution inasmuch as provisions of Cr.P.C. i.e. S.105 makes elaborate provision for service of summons in case person summoned by Court resides outside territory of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Punishment - Held, for every breach of order, Magistrate is empowered to issue a warrant provided application is made within one year from date on which amount became due - If amount is remaining unpaid after execution of warrant, Magistrate is empowered to sentence defaulter to imprisonment..........
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 -- Maintenance - Divorce between parties by executing an affidavit and payment of Rs.2.25 lacs as one time maintenance allowance - Held, execution of affidavit does not amount to a divorce decree - Marriage subsists - Wife is entitled to maintenance - Order of grant of maintenance upheld...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9, 13B -- Maintenance - Wife living separately - Ex-parte decree for restitution of conjugal rights was decreed in favour of husband - Inspite of it, it is a valid decree until it is set aside - Held, wife is not entitled to live separately from her husband and claim maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Exparte decree of restitution of conjugal rights against wife - Intimation of decree never given to wife - Decree not put to execution - Held, wife does not become disentitled to get maintenance allowance from her husband due to non compliance of exparte decree for restitution of conjugal rights...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Exparte decree of restitution of conjugal rights in favour of husband - Decree never put into execution nor its intimation given to wife - Order granting maintenance to wife not liable to be interfered with - However, if wife had knowledge of decree and she wilfully disobeyed the directions of Court then she is..........
Criminal Procedure Code, 1973, Section 125(3) -- Proviso (1) - The first proviso would be satisfied if execution of the claim for such amount is made within one year from the date on which the amount became due i.e. the date of order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Petition dismissed on receipt of a letter by post requesting dismissal of execution petition - Order dismissing execution proceedings is per se an order which is based on such material which is not liable to be looked into and, therefore is non est - Execution restored from date on which it was..........
