'Gender Inequality': Plea In SC Challenges The Constitutional Validity Of S. 125 CrPC
5 years, 6 months ago

'Gender Inequality': Plea In SC Challenges The Constitutional Validity Of S. 125 CrPC

Live Law  

A plea has been moved before the Supreme Court, challenging the constitutional validity of Section 125 of CrPC, on the grounds of gender inequality. Assailing the aforementioned presumption inherent in Section 125 CrPC, the Petitioner has raised his plea on the following grounds: 1. Therefore, Section 125 CrPC should not enjoy the protection of Article 15 in as much as it was duplicated from a pre-constitutional law, i.e., Section 488 CrPC, 1898. Based on the aforementioned arguments, the Petitioner has prayed before the court to declare Section 125 CrPC unconstitutional or read it down in a manner that it is gender-neutral.

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History of this topic

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained
8 months, 2 weeks ago

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure, which applies to all women “irrespective of religion.” The court highlighted that Section 125 of the CrPC provides more advantageous provisions for a divorced Muslim woman compared to those in the 1986 Act. The …

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC
8 months, 2 weeks ago

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC

New Indian Express  

The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion. He has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women Act, 1986. The bench clarified that if …

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide
11 months ago

S.125 CrPC | Can A Wife Who Refuses To Live With Her Husband Alleging Mental Cruelty Be Denied Maintenance? Supreme Court To Decide

Live Law  

The Supreme Court is set to examine whether a wife who refuses to live with her husband, citing mental cruelty inflicted by his husband and his family members, can be denied maintenance in view of Section 125 of the CrPC. The concerned provision reads as follows: “No wife shall be entitled to receive an allowance from her husband under this …

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained
1 year, 1 month ago

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained

The Hindu  

The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code against her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman’s right to …

Female Members of Family Incapable of Accepting Summons? SC Issues Notice on Plea Against CrPC's Sec 64
2 years, 4 months ago

Female Members of Family Incapable of Accepting Summons? SC Issues Notice on Plea Against CrPC's Sec 64

News 18  

The Supreme Court on Monday issued notice to Centre on plea challenging Section 64 of the Code of Criminal Procedure claiming it discriminates against women by treating the female members of the family incapable of accepting the summons on behalf of the person summoned. The plea, filed by Kush Kalra through advocate Jyotika Kalra, submitted that the dogmatic CrPC does …

Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid: J&K&L High Court
2 years, 6 months ago

Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that a major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers under Section 125 of CR.P.C but in an appropriate case, a Family Court has jurisdiction to grant maintenance to a major Hindu daughter on the basis of a combined reading of the …

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench
2 years, 7 months ago

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench

Live Law  

A single judge of the Madras High Court recently referred to a larger bench, the question regarding the applicability of provisions of Section 482 CrPC and/or Article 227 of the Constitution for quashing an application under Section 12 of the Domestic Violence Act. Justice Sathish Kumar observed that the recent division bench order that ruled that proceedings under the Domestic …

Supreme Court Weekly Digests With Nominal, Subject Wise And Statute Wise Index [February 13 to 20]
3 years, 1 month ago

Supreme Court Weekly Digests With Nominal, Subject Wise And Statute Wise Index [February 13 to 20]

Live Law  

Arbitration and Conciliation Act, 1996 - Section 34 - The principle that a court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the Arbitrator for a fresh decision would be applicable where the Appellate Court decides the application under Section 34 of the Act on merits - …

SC Refers Petition Challenging The Vires Of Section 497IPC To Constitution Bench [Read Order]
7 years, 2 months ago

SC Refers Petition Challenging The Vires Of Section 497IPC To Constitution Bench [Read Order]

Live Law  

A three Judge Bench of the Supreme Court of India on Friday referred the petition challenging the Constitutional validity of Section 497 IPC to the constitution Bench. The Supreme Court bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachud observed in it's order; "As indicated in our earlier order, we had noted that the …

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A
7 years, 7 months ago

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A

Live Law  

A two – judge bench of the Supreme Court headed by Justice Dipak Misra today said all petitions challenging the validity of Article 35 A which confers special status to Jammu and Kashmir pending before it should ideally go before a five judge bench.Saying this, the bench tagged a petition filed by a Supreme Court lawyer Charu Wali Khanna with …

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A
7 years, 7 months ago

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A

Live Law  

A two – judge bench of the Supreme Court headed by Justice Dipak Misra today said all petitions challenging the validity of Article 35 A which confers special status to Jammu and Kashmir pending before it should ideally go before a five judge bench.Saying this, the bench tagged a petition filed by a Supreme Court lawyer Charu Wali Khanna with …

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