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

Gujarat High Court Allows Wife's Maintenance Revision Against Rejection on Adultery Grounds — Insufficient Proof of Adultery Under Section 125 CrPC. The court held that mere suspicion or unsubstantiated allegations of adultery cannot defeat a wife's right to maintenance under Section 125 of the Code of Criminal Procedure, 1973, and that WhatsApp chats without proper certification are inadmissible.

3 Mar 2026

The applicant, Sobhaben, filed a Criminal Revision Application before the Gujarat High Court challenging the order of the Family Court, Karjan, dated ...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

High Court of Karnataka Enhances Interim Maintenance for Wife Under Hindu Marriage Act, 1955 — Husband's Income and Lifestyle Considered. The Court held that interim maintenance must reflect the husband's earning capacity and standard of living, not merely the wife's needs.

8 Feb 2023

The petitioner, Smt. Pratibha Singh, wife of the respondent Vineet Kumar, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

High Court of Karnataka Allows Revision Petition for Enhancement of Maintenance to Wife and Daughter Under Family Courts Act, 1984. The court enhanced maintenance to Rs.5,000/- per month to the wife and Rs.3,000/- per month to the daughter, setting aside the Family Court order that had rejected maintenance to the wife and awarded only Rs.2,500/- to the daughter.

11 Apr 2018

The petitioners, Mahadevi @ Mahadevamma (wife) and Kumari Swetarani (daughter), filed a revision petition under Section 19(4) of the Family Courts Act...

High Court

Bombay High Court Allows Petition in Domestic Violence Act Case — Appellate Court Erred in Applying Section 125 CrPC Standards to Proceedings Under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The High Court quashed the Sessions Court order that set aside interim maintenance, holding that the DV Act provides an independent remedy not governed by Section 125 CrPC.

27 Sep 2019

The petitioner, Surekha Nanaso Jagtap, filed a petition under Article 227 of the Constitution of India challenging an order passed by the Sessions Jud...

High Court

High Court of Karnataka Enhances Interim Maintenance for Wife and Son in Family Dispute — Husband's Challenge Dismissed. The court held that interim maintenance must reflect the husband's financial capacity and the family's standard of living, enhancing maintenance from Rs. 75,000 to Rs. 2,00,000 per month under Section 24 of the Hindu Marriage Act, 1955.

1 Sep 2023

The judgment arises from two writ petitions filed under Article 227 of the Constitution of India before the High Court of Karnataka. The first petitio...

High Court

Bombay High Court Considers Reference on Applicability of Section 482 CrPC to Domestic Violence Proceedings; Conflicting Precedents on Nature of Proceedings Under Section 12(1) of the D.V. Act Lead to Full Bench. Key Question Involves Whether Inherent Powers of High Court Can Quash D.V. Act Applications Given Their Predominantly Civil Character.

3 May 2018

The matter came before the Bombay High Court, Nagpur Bench, as a reference to a Full Bench to resolve conflicting decisions on whether proceedings und...

High Court

Bombay High Court Restores Maintenance to Wife Despite Adultery Allegation — Cancellation of Maintenance Requires Proof of Adultery at the Time of Claim, Not Past Divorce Decree. Family Court's Reliance on Divorce Decree and Witness Testimony Held Insufficient to Prove Adultery Under Section 125 CrPC.

6 Oct 2017

The petitioners, Laxmi Dnyanadeo Netke (wife) and her minor son Vikas Dnyanadeo Netke, challenged the common order dated 17.7.2014 passed by the Famil...

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 Dismisses Husband's Challenge to Interim Maintenance Award Under Section 24 Hindu Marriage Act. Wife's Higher Qualification and WhatsApp Chat About Earning Capacity Not Sufficient to Deny Maintenance; Husband's Income Inferred from Status.

12 Oct 2017

The petitioner husband, Vijay Dhondiram Ghadage, challenged the order dated 25.01.2016 passed by the Family Court, Nashik in P.A. No.52 of 2014, which...

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