S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children can lay a claim.” It then held “In the absence of any power vested in the Court under Section 125 of Cr.P.C., to entertain a petition filed by the daughter-in-law against her parents in law, this Court is of the considered opinion that the entire order is honest for want of jurisdiction. Appearance: Advocate Kaviita Jadhav For Advocate Arun Neelopant For Petitioners Advocate Prashant Mathapati for Respondents Citation No: 2024 LiveLaw 121 Case Title: Abdul Khader & ANR AND Tasleem Jamela Agadi & Others Case No: REV.PET FAMILY COURT NO.100026 OF 2022 Click Here To Read/Download Order

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History of this topic

Karnataka High Court orders handing over of custody of 16-year-old boy to parents from grandmother and paternal aunts
6 days, 11 hours ago

Karnataka High Court orders handing over of custody of 16-year-old boy to parents from grandmother and paternal aunts

The Hindu  

The High Court of Karnataka has ordered handing over of custody of a 16-year-old boy to his parents from paternal grandmother and paternal aunts, who had claimed his permanent custody and his guardianship by alleging that parents were not caring for him, when, in fact, the parents had left him with them as companion to the aunts, who are unmarried, …

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
2 weeks, 1 day ago

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

Live Law  

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them. While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed – “…fact remains that once a relationship of marriage is found to be admitted …

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment
2 weeks, 2 days ago

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment

Live Law  

The Karnataka High Court has refused to quash murder proceedings initiated by a man against his father after his mother died by falling from their apartment situated on the 16th floor. Justice M Nagaprasanna while dismissing the petition filed by Devendra Bhatia said “When the evidence of both the children as quoted hereinabove would pin the petitioner down albeit, prima …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
3 weeks, 1 day ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically
3 weeks, 1 day ago

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically

The Hindu  

The High Court of Karnataka has ordered the issue of a notice to its registry, the Central and State governments on a PIL petition, which has questioned the constitutional validity of the court’s rules that permit the destruction records of the cases after preserving them for 30 years and five years for different categories of records. Court of record Advocate …

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court
1 month ago

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that a suit relating to the declaration of a matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act and the family court would have jurisdiction to adjudicate them. Relying on the judgment of the High Court in the case of Bhuvaneshwari vs. …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 2 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

Karnataka High Court Weekly Roundup: January 1 To January 12, 2025
2 months, 2 weeks ago

Karnataka High Court Weekly Roundup: January 1 To January 12, 2025

Live Law  

Nominal Index : K Lokesh AND THE BANGALORE DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER & Others. The court said “The only reasonable interpretation of Section 16 of the Act is that the right of appeal is vested exclusively in senior citizens or parents, and not in any other individuals, including children …

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 2 weeks ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court
2 months, 3 weeks ago

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that the right of appeal against an order passed by the Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, is only available to senior citizens and parents and no such right is extended to children or third parties. The court said “The only reasonable interpretation of Section 16 of the …

In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC
2 months, 3 weeks ago

In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC

Live Law  

The Karnataka High Court has said that scope of revision is very limited against the discharge application and the Court has to consider only the material on record collected by the Investigating Officer whether sufficient or not. Justice H P Sandesh held thus while dismissing the petition filed by Dr Mohankumar M. Referring to judgments of the Supreme Court It …

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC
3 months, 3 weeks ago

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC

Live Law  

The Kerala High Court has held that the pendency of maintenance proceedings before the Family Court under Section 125 of the CrPC would not affect the jurisdiction of the Maintenance Tribunal from ordering residence to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. The Court clarified that Section 12 of the Act, which …

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
4 months, 1 week ago

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Live Law  

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 2 weeks ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 3 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
7 months, 3 weeks ago

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court

Live Law  

The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 of the Hindu Adoption and Maintenance Act. Therefore, the Court stated that a person who ceases to be a child upon …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
8 months ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
8 months, 2 weeks ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court
9 months, 1 week ago

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court

Live Law  

The Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20 of the Domestic Violence Act should specify if the maintenance order is made under Section 125 of CrPC or Section 20 of the Hindu Adoptions and Maintenance Act, 1956. The Court thus stated that the nature of the maintenance order would change depending …

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her
9 months, 2 weeks ago

Punjab & Haryana HC Rejects Estranged Wife's Plea For Enhanced Maintenance, Says Not Far Fetched To Assume Adult Sons Will Support Her

Live Law  

The Punjab and Haryana High Court has dismissed the plea for enhancement of Rs.7,500 monthly maintenance amount granted to a woman by the trial court, who has been living separately from her husband.Justice Nidhi Gupta noted, "it has.been admitted by learned counsel for the petitioner that the two sons of the parties had attained majority and are currently living with …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 months, 3 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
10 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court
10 months, 1 week ago

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court

Live Law  

The Karnataka High Court recently held that an application seeking custody of a minor child has to be filed only before a court where the minor child ordinarily resides. A single judge bench of Justice M Nagaprasanna allowed the petition filed by the grandparents Samiulla Saheb and another of the minor child and set aside the order of the trial …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 months, 1 week ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC
11 months, 1 week ago

General Tendency For Wife To Amplify Needs & For Husband To Conceal Actual Income; Quantum Of Maintenance Must Be Balanced By Court: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the quantum of maintenance granted to the wife under Section 125 CrPC must be justifiable and realistic to avoid hardships to either of the spouses.Justice Harpreet Singh Brar said, "there is a general tendency on the part of the wife to amplify her needs and the husband to conceal …

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court
1 year, 3 months ago

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court

Live Law  

Recently, the Allahabad High Court held that an order of interim maintenance during the pendency of application under Section 125 CrPC is not an interlocutory order and thus, can be challenged before the High Court in revision. and another wherein Allahabad High Court had held that the order passed under Section 125 CrPC granting interim maintenance is an interlocutory order …

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
1 year, 3 months ago

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

Live Law  

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made. Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical …

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023
1 year, 3 months ago

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023

Live Law  

Nominal Index: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur. 2023 LiveLaw 456 Harish B T And Life Insurance Corporation of India 2023 LiveLaw 457 PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court Case Title: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur Case …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 3 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 4 months ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court
1 year, 4 months ago

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court

Live Law  

Madhya Pradesh High Court has recently laid down in unequivocal terms that the findings of a family court made in a maintenance application under Section 125 CrPC would have no binding effect on a court considering a case under the Prevention of Women From Domestic Violence Act, 2005. In Gyan Singh, the findings given in a proceeding under the Domestic …

Maintenance Application Under Chapter IX CrPC Cannot Be Dismissed For Default: Kerala High Court
1 year, 4 months ago

Maintenance Application Under Chapter IX CrPC Cannot Be Dismissed For Default: Kerala High Court

Live Law  

The Kerala High Court recently considered whether an application filed for maintenance allowance under Chapter IX of CrPC can be dismissed for default. Dias observed that Magistrate has no implicit power to dismiss an application filed under Chapter IX CrPC for default summarily. It held that maintenance application filed under Chapter IX of CrPC was not a complaint and cannot …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 5 months ago

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

Live Law  

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes …

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 6 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month
1 year, 6 months ago

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month

Live Law  

The Karnataka High Court recently granted relief to the daughter of a former High Court judge, enhancing monthly maintenance payable to her by her husband to Rs. The Court rejected the appeal preferred by the husband challenging the family court order directing him to pay Rs 75,000 per month to his wife. If the facts in the case at hand …

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court
1 year, 6 months ago

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court

Live Law  

The Calcutta High Court on Wednesday observed that an interim maintenance of Rs 4,000 per month, awarded by the magistrate in favour of a wife and her two daughters, would simply not be enough for their sustenance. A single-bench of Justice Shampa Paul was seized of a revision application against the order of a magistrate rejecting the wife/petitioners prayer for …

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC
1 year, 6 months ago

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC

News 18  

The Karnataka High Court has explained that there is no provision under the Domestic Violence Act, 2005 to provide maintenance to daughters until they get married. A single judge bench of Justice Rajendra Badamikar said under the provisions of the Act the question of awarding maintenance to the daughters until their marriage does not arise at all though the financial …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC
1 year, 9 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law  

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

Dominant Purpose Of Section 125Cr.P.C. Is To Ensure That Neglected Wife, Child, Parents Are Not Left Helpless: Kerala High Court
1 year, 9 months ago

Dominant Purpose Of Section 125Cr.P.C. Is To Ensure That Neglected Wife, Child, Parents Are Not Left Helpless: Kerala High Court

Live Law  

The Kerala High Court recently enhanced the monthly maintenance allowance of the paralyzed estranged wife and son of a headload worker, on taking note of the latter's neglect and refusal to maintain his wife and child. The first petitioner, who is the wife of the respondent headload worker, developed constant fever two years after the marriage of the parties, and …

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court
1 year, 9 months ago

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proceeding in relation to the guardianship of a person or the custody of or access to any minor has to be filed before Family court and it cannot be filed before a district court or any subordinate civil court. The very proviso of Section 8 is very clear that no …

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court
1 year, 10 months ago

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court

Live Law  

The Madras High Court recently held that a mother is entitled to claim the arrears of maintenance that accrued to her deceased daughter before her death. The court noted that arrears of maintenance was the property of the deceased daughter and after her death, her mother, being a legal guardian, is entitled to this property. Justice V Sivagnanam thus dismissed …

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order
1 year, 11 months ago

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order

Live Law  

The Karnataka High Court on Thursday issued non-bailable warrants against a woman and directed the Commissioner of Police, Bengaluru to keep the woman present in court for failing to hand over custody of the minor child to her father, as directed by the court. A vacation bench of Justice S Sunil Dutt Yadav and Justice C M Poonacha while hearing …

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court
1 year, 11 months ago

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court

Live Law  

The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC. The court noted that father-in-law and mother-in-law are not mentioned in section 125 CrPC. The court did not consider this submission for proceedings under section 125 of CrPC as the categories of person entitled to claim maintenance are …

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court
2 years ago

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court

Live Law  

The Karnataka High Court has said that a stepmother, to claim maintenance amount from legal heirs of her deceased husband, has to prove before the family court by tendering evidence and submission of documents that her husband was having a lot of properties and they are having income and thus she is entitled for maintenance amount. The court said “The …

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court
2 years ago

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

Live Law  

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings. The bench was hearing a criminal revision case filed by the petitioner-husband challenging the order of the Family Court which enhanced the maintenance amount on a petition filed filed …

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
2 years ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay …

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court
2 years, 1 month ago

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court

Live Law  

The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent. A single judge bench of Justice Jyoti Mulimani observed, “The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State …

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