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

Bombay High Court Restores Maintenance to Wife in Domestic Violence Case — Revisional Court Exceeded Jurisdiction by Reversing Magistrate's Findings Without Proper Basis. The court held that the revisional court cannot treat a revision as an appeal and must defer to the Magistrate's findings on credibility and neglect under Section 125 CrPC.

11 Jan 2010

The case involves a criminal revision filed by the wife, Sarika Anjankar, against the order of the Ad hoc Additional Sessions Judge, Nagpur, dated 30....

Supreme Court

Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

4 Nov 2020

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

High Court

Bombay High Court Dismisses Husband’s Petition Asserting Summons Trial Procedure for Interim Maintenance Under D.V. Act. Court Holds That All Applications Under Section 12, Including Interim Reliefs Under Section 23, Must Follow Procedure Under Section 125 CrPC as Mandated by Rule 6(5) of the Domestic Violence Rules, Not the Summons or Warrant Case Procedure.

18 Nov 2021

The respondent-wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking various reliefs, along w...

High Court

Gujarat High Court Allows Revision in Maintenance Case Under Section 125 CrPC — Family Court Erred in Dismissing Wife's Claim on Ground of Failure to Prove. The court held that the standard of proof in maintenance proceedings is preponderance of probabilities, not proof beyond reasonable doubt, and remanded the matter for fresh consideration.

10 Mar 2026

The applicant, Rashidabano @ Rani Mohammed Sufiyan, filed a criminal revision application challenging the order dated 04.03.2017 passed by the learned...

High Court

Bombay High Court Allows Wife's Revision Against Rejection of Maintenance Under Section 125 CrPC — Family Court's Finding of 'Oath Against Oath' Held Perverse. The court held that maintenance proceedings are summary in nature and must be decided on preponderance of probabilities, not beyond reasonable doubt.

6 Feb 2019

The applicant wife filed a revision against the judgment of the Family Court, Nagpur, in Petition No. E-79/2010, which rejected her application for ma...

High Court

Bombay High Court Dismisses Husband's Revision in Muslim Divorce Maintenance Case — Concurrent Findings Upheld. Husband's Talaq During Pendency of Section 125 Cr.P.C. Does Not Bar Wife's Claim Under Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 for Reasonable and Fair Provision.

2 Jan 2024

The case involves a criminal revision application filed by the husband, Khalil Abbas Fakir, challenging the concurrent orders of the Judicial Magistra...

High Court

Bombay High Court Partly Allows Revision Against Enhancement of Maintenance Under Section 127 CrPC — Husband's Income and Wife's Earning Capacity Considered. The court reduced maintenance from Rs.7,000 to Rs.5,000 per month per applicant, holding that the wife's earning capacity and the husband's actual income must be properly assessed.

12 Apr 2023

The case involves a criminal revision application filed by Gajanan Mandekar (husband) challenging the Family Court's order enhancing maintenance payab...

High Court

Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

21 Dec 2023

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

High Court

Bombay High Court Modifies Interim Maintenance in Family Dispute — Reduces Aggregate Amount from Rs.10,500 to Rs.8,500 Considering Petitioner's Rural Medical Practice. The court held that a medical practitioner in rural Thane can reasonably pay Rs.8,500 per month as interim maintenance to his wife and two children under Section 125 CrPC.

20 Jun 2011

The petitioner, Dr. Mahendra Bhaurao Kaikade, a medical practitioner in rural Thane, filed a writ petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Allows Wife's Maintenance Revision Under Section 125 CrPC Despite Dismissal of Divorce Petition. Family Court erred in denying maintenance on ground of wife's unwillingness to reside with husband without considering her justified refusal.

5 Oct 2017

The applicant, Sau. Alka w/o Hemraj Khode, filed a criminal revision application under Section 19(4) of the Family Courts Act, 1984, aggrieved by the ...

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