Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Trial Court has discretionary power to order maintenance from date of order if there are circumstances and reasons for doing the same...........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Courts while dealing with maintenance matters either u/s 12 of PWDV Act or u/s 125 Cr.P.C, should not go into validity of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Widowed daughter-in-law not liable to pay maintenance to her father-in-law and mother-in-law - Maintenance can be claimed only by the persons falling in the category mentioned in the section and father-in-law and mother-in-law are not mentioned in the section...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Father-in-law and mother-in-law are not entitled to receive maintenance from widowed daughter-in-law on the following grounds : (i) they are not coming under relation mentioned in S.125 Cr.P.C; (ii) appointment of widowed daughter-in-law in service was not on a compassionate..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Wife not living with husband - Wife categorically stated that if her husband shall keep her with due respect and he changed his behaviour then only she will reside otherwise not - Husband used to make complaint with regard to family of wife which is not acceptable to her - Ingredients of S.125(4) Cr.P.C..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Though application u/s 125 Cr.P.C is made before Criminal Court as defined u/s 6 Cr.P.C, but right decided by Court is purely civil in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Proceedings initiated u/s 125 Cr.P.C is quasi civil and quasi criminal - Provision of S.11 CPC i.e. principle of res judicata is applicable to proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Res judicata - Earlier two cases filed u/ss 125, 126 Cr.P.C have been rejected for want of prosecution and same have not been finally decided after affording opportunity of hearing to applicant - Fresh application filed u/s 125 Cr.P.C for same relief/cause of action is maintainable, as principle of res..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife herself abandoned matrimonial home and from last 10 years she is residing separately - Husband is interested in continuing marital life with wife and therefore, filed a petition u/s 9 of the Act - Family Court rightly allowed application u/s 9 of Hindu Marriage Act filed by husband - Wife failed to..........
