Search Results for "Maintenance under Section 125 CrPC"

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Search Results for "Maintenance under Section 125 CrPC"

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High Court

High Court of Karnataka Dismisses Petition to Quash Maintenance Proceedings Under Section 125 CrPC — Prior Civil Decree Does Not Bar Subsequent Criminal Maintenance Claim. The court held that the remedy under Section 125 CrPC is summary and independent, and a prior civil decree does not preclude a fresh maintenance petition when circumstances change.

1 Feb 2013

The petitioner, M K Shafiuddin, is the husband of respondent no.1 Halima Khatoon and father of respondents 2 and 3, their minor children. The parties ...

High Court

Bombay High Court Upholds Sentencing of Husband for Default in Payment of Maintenance Under Section 125 CrPC — Imprisonment for Non-Payment of Arrears of Rs.16,250 Upheld as Legal and Proportionate. The court held that the Magistrate had jurisdiction to sentence the husband to simple imprisonment for default in payment of maintenance arrears, and the sentence was not disproportionate.

16 Mar 2005

The petitioner, Gous Sahebji Shaikh, was a driver employed with the Maharashtra State Road Transport Corporation. His wife and seven children (respond...

High Court

High Court of Karnataka Dismisses Revision Petitions Challenging Maintenance Orders Under Section 125 CrPC — Petitioner Failed to Prove Change in Circumstances or Incapacity to Pay. The court upheld the maintenance of Rs.5,000/- per month to the wife and Rs.3,000/- per month to each child, finding no illegality or perversity in the impugned orders.

11 Oct 2018

The petitioner, Ananth Kumar S C, filed two criminal revision petitions under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (CrPC)...

High Court

Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Concurrent Maintenance Under Hindu Marriage Act Does Not Bar Maintenance Under CrPC. The Court restored maintenance of Rs.1,200 per month, holding that total maintenance of Rs.2,200 per month was not excessive given husband's salary of Rs.8,890 and landed property.

5 Jan 2010

The applicant, Lata Khandare, filed a petition under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from her husband, Shrira...

High Court

Bombay High Court Allows Husband's Petition Partly in Maintenance Case Under Section 125 CrPC — Reduces Quantum of Maintenance. Maintenance granted from date of application is valid but quantum reduced to Rs.1,500 for wife and Rs.2,000 for child based on husband's salary.

1 Jul 2016

The petitioner, Nitin Bansi Jadhav, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging the order of the learne...

High Court

Bombay High Court Dismisses Husband's Petition in Maintenance Execution Case — Offer to Maintain After Final Order Not Permissible. Second Proviso to Section 125(3) CrPC Cannot Be Invoked After Final Maintenance Order Under Section 125(1) CrPC.

18 Feb 2019

The petitioner, Shivaji Tukaram Davargave, filed a Criminal Writ Petition before the Bombay High Court challenging the orders of the Magistrate and th...

High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under Section 125 CrPC Despite Prior Section 24 Hindu Marriage Act Order. No Bar to Maintenance Under Section 125 CrPC Even if Interim Maintenance Was Granted Under Section 24 of Hindu Marriage Act, as the Prior Order Ceased on Conclusion of the Matrimonial Petition.

17 Dec 2018

The case involves a criminal revision application filed by the husband, Atul Vasantrao Parmarthi, challenging the order of the Family Court granting m...

High Court

High Court of Karnataka Dismisses Revision Petition in Maintenance Case Under Section 125 CrPC — Petitioner Fails to Show Illegality or Irregularity in Trial Court Order. The revisional court cannot interfere with a well-reasoned order of maintenance unless it is perverse or illegal.

31 Jul 2018

The petitioner, Mrs. Neelam Manmohan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 19...

High Court

Bombay High Court Dismisses Husband's Petition Seeking to Offer Maintenance After Final Order Under Section 125(1) CrPC. Second Proviso to Section 125(3) CrPC Does Not Apply in Execution Proceedings After Maintenance Order Has Become Final.

18 Feb 2019

The petitioner, Shivaji Tukaram Davargave, filed a Criminal Writ Petition before the Bombay High Court challenging the orders of the Magistrate and th...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance Enhancement Order — Compromise Does Not Bar Wife's Right to Seek Alteration Under Section 127 CrPC. The court held that a compromise in earlier proceedings does not extinguish the wife's right to apply for alteration of maintenance under Section 127 of the Code of Criminal Procedure, 1973, unless the compromise expressly waives such right.

19 Jun 2013

The petitioner, Pandurang Laxman Tormal, filed a criminal writ petition under Article 227 of the Constitution of India before the Bombay High Court, A...

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