Search Results for "section 125 CrPC"

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Search Results for "section 125 CrPC"

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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 Partly Allows Husband's Revision, Reduces Maintenance Granted Under Domestic Violence Act. Maintenance under Section 125 CrPC must be considered while fixing quantum under DV Act to avoid double burden.

14 Aug 2017

The case involves a criminal revision application filed by the husband (applicant) against his wife and two minor children (non-applicants) challengin...

High Court

Karnataka High Court Quashes Ex Parte Stay of Maintenance Order in DV Act Case — Sessions Court Cannot Grant Interim Stay Without Notice to Wife. Ex Parte Stay of Maintenance and Compensation Under Section 29 of Protection of Women from Domestic Violence Act, 2005 Set Aside for Violating Natural Justice.

29 Jan 2016

The petitioner, Smt. Yashaswini, wife of the respondent M. Anegudde Ganesh, filed a petition under Section 12 of the Protection of Women from Domestic...

High Court

High Court of Karnataka Hears Appeals Against Single Judge Order on Maintainability of Private Complaints Against Public Servants Under the Prevention of Corruption Act. The Single Judge Had Ruled That the Karnataka Lokayukta Act Does Not Expressly Exclude the Operation of Alternative Measures and There Is No Repugnancy With the Code of Criminal Procedure.

29 Nov 2013

The case originated from private complaints filed by the respondent, Sirajin Basha, against the appellant, B.S. Yeddyurappa, a former Chief Minister o...

High Court

Bombay High Court Upholds Sentencing of Husband for Non-Payment of Maintenance Arrears Under Section 125 CrPC — Imprisonment Ordered as Last Resort When Husband Expresses Willingness to Suffer Imprisonment Rather Than Pay

23 Mar 2005

The case arises from a Criminal Revision Application filed by the husband against an order passed in PER No. 444/2004 by the Family Court No. 1, Pune....

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Gujarat High Court Allows Wife's Revision Against Rejection of Maintenance Under Section 125 CrPC — Holds That Mere Educational Qualification Does Not Disentitle a Wife to Maintenance If She Is Unemployed and Unable to Maintain Herself. The Court set aside the Family Court's order which had rejected maintenance solely on the ground that the wife holds an MBA degree and is capable of earning, without any evidence of actual income.

30 Mar 2026

The applicant wife filed a criminal revision application under Sections 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the jud...

High Court

Bombay High Court Allows DNA Test in Maintenance Case to Determine Paternity — Revisional Court Erred in Quashing Magistrate's Order Without Considering Prima Facie Evidence of Marriage and Cohabitation.

10 Mar 2023

The petitioner, Madanaiah Durgam Chinna Kande, challenged the order of the Additional Sessions Judge, Chandrapur, dated 16th November 2021, which quas...

Supreme Court

Supreme Court Allows Default Bail in PC Act Case, Holds Detention Period of 60 Days Applies When Maximum Sentence is Not Explicitly at Least Ten Years. The Court Interprets 'Imprisonment for a Term Not Less Than Ten Years' in Section 167(2) CrPC to Grant Default Bail When Charge Sheet Not Filed Within 60 Days.

1 Aug 2026

These Special Leave Petitions were preferred against the order of the Gauhati High Court dated 11.01.2017 rejecting the bail application of the petiti...

High Court

High Court of Bombay at Goa Quashes FIR and Sessions Court Order for Violation of Natural Justice — Accused Not Heard in Revision Against Rejection of Section 156(3) CrPC Application. The court held that the accused must be heard before the Revisional Court when a revision is filed against the rejection of a Section 156(3) CrPC application, as failure to do so violates principles of natural justice.

2 Apr 2026

The petitioners, Smt. Shaila Damodar Sinai Borkar and Dr. Priti Siddsh Kharangate, filed a Criminal Writ Petition before the High Court of Bombay at G...

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