Search Results for "section 125 CrPC"

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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High Court of Karnataka Allows Revision Petition Against Maintenance Order Under Section 125 CrPC. Family Court Failed to Follow Evidence Recording Procedure Under Sections 126 and 274 CrPC; Affidavit Evidence Held Inadmissible.

The revision petition arose from an order of the II Additional Principal Judge, Family Court, Bengaluru, dated 3 November 2017, granting maintenance o...

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Bombay High Court Allows Wife's Maintenance Claim Despite Private Divorce Document - Right to Maintenance Under Section 125 CrPC Not Waived by Private Agreement. Private divorce document cannot be used to deny maintenance unless marriage is legally dissolved by competent court.

The petitioner, Sangita Wani, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

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Bombay High Court Dismisses Husband's Petition Challenging Execution of Maintenance Arrears. Private Settlement and Customary Divorce Cannot Defeat Enforceability of Final Maintenance Order Under Section 125 CrPC.

The petitioner husband, Dhanaji Keshav Kamble, filed a Criminal Writ Petition in the Bombay High Court (Aurangabad Bench) challenging an order passed ...

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Bombay High Court Dismisses Petition Challenging Paternity Test Order in Maintenance Case Under Section 125 CrPC. Court Holds That DNA Test Is Necessary to Determine Father-Child Relationship When Paternity Is Disputed and No Other Evidence Exists.

The petitioner, Vinod Arlekar, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders passe...

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Bombay High Court Allows Revision, Sets Aside Family Court Order Granting Child Access in Section 125 CrPC Maintenance Proceeding. Family Court lacks jurisdiction to grant visitation rights in a summary maintenance proceeding under Section 125 CrPC.

The case involves a criminal revision application filed by Bhumika Bagade and her minor daughter Anika against Sachin Bagade. The applicants had filed...