Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC
3 years, 3 months ago

Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC

Live Law  

The Delhi High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Section 125 of the Code of Criminal Procedure would be a material fact for execution of the said order of maintenance. material fact, hence, would be the presence of the person at the preferred jurisdiction at the time of the application for maintenance," the Court said while setting aside the impugned order. 128 of the Code, the order of maintenance may be enforced by any Magistrate where the person against whom it is made may be and therefore under Cr.P.C., the wife 'may' have proceeded for execution at the place of permanent residence of the husband, but the same was an option and not an obligation. categorically provides for enforcement of order of maintenance by any Magistrate in any place where the person against whom it is made may be," the Court analysed.

Delhi Jurisdiction Bihar Court Family Court Maintenance Order Sec Person Husband Code Wife Execution Magistrate Section 125 Of Section 128 Preferred Jurisdiction  wife  jurisdiction  maintenance  person  husband  material  crpc  residence  execution  place  hc  delhi  court  enforced  order

History of this topic

Delhi HC rejects maintenance plea, asks wife to ‘actively seek employment’
Trending News
2 days, 16 hours ago

Delhi HC rejects maintenance plea, asks wife to ‘actively seek employment’

Hindustan Times  

The Delhi High Court, while rejecting a maintenance plea, recently underscored a significant principle: a well-educated wife with suitable job experience should not avoid employment merely to claim maintenance from her husband. Delhi HC rejected a maintenance plea from a well-educated wife This observation arose during a case where the petitioner, an evidently qualified woman with a master's degree from …

Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court
2 months, 1 week ago

Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court

Live Law  

The Supreme Court noted that maintenance proceedings under Section 125 of the Cr.P.C. “even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or become criminal proceedings. It referred to the 1969 Law Commission of India report which emphasized that although maintenance proceedings …

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC
3 months ago

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the salary of an Army personnel cannot be attached to realise the arrears of maintenance under Section 125 CrPC, as only the Central government is authorised to make deductions. Justice Harpreet Singh Brar said, “In furtherance of the legislative intent behind Sections 25 and 91 of the Army Act, while the …

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC
3 months, 2 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 …

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

Maintenance Orders U/S 125 CrPC Can Be Recalled U/S 127; Bar U/S 362 CrPC Not Applicable In Such Cases: Allahabad HC
10 months ago

Maintenance Orders U/S 125 CrPC Can Be Recalled U/S 127; Bar U/S 362 CrPC Not Applicable In Such Cases: Allahabad HC

Live Law  

The Allahabad High Court has observed that an order passed under Section 125 CrPC may be final or interim and can be recalled or altered under Section 127 CrPC. Perusing the mandate of Section 362 CrPC, a bench of Justice Arun Kumar Singh Deshwal observed that if any provision is provided under CrPC that permits the recall or alteration of …

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 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 …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

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 …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years, 3 months ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad High Court
2 years, 4 months ago

Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad High Court

Live Law  

The Allahabad High Court has held that the Magistrate has the power to enforce an order of maintenance passed under Section 125 Cr.P.C. The bench of Justice J. J. Munir clarified that if read conjointly, Section 125 and Section 421 give power to the Magistrate to issue a warrant to the Collector for recovering the defaulted maintenance as arrears of …

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC
2 years, 6 months ago

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Live Law  

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no …

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 8 months ago

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court

Live Law  

The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. Justice Vibha Kankanwadi was dealing with a petition under Article 226 and 227 of the Constitution challenging order of the lower court dismissing the petitioner's maintenance application. The …

S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court
2 years, 8 months ago

S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court

Live Law  

The Delhi High Court has observed that the provision of Section 125 of Code of Criminal Procedure which provides for maintenance, is intended to fulfil a social purpose and that its object is to compel a man to perform the moral obligation which he owes to the society in respect of his wife and children.Justice Purushaindra Kumar Kaurav was dealing …

Whether Criminal Revision Petition Maintainable Against Order Granting Interim Maintenance U/s 125 Cr. P.C: Rajasthan HC Examines
2 years, 10 months ago

Whether Criminal Revision Petition Maintainable Against Order Granting Interim Maintenance U/s 125 Cr. P.C: Rajasthan HC Examines

Live Law  

The Rajasthan High Court observed that an order of interim maintenance passed under Sec. In this regard, the court opined that the impugned order dated 27.01.2021, regarding interim maintenance under Section 125 Cr.P.C., is an interlocutory order, hence revision petitions being not maintainable, either under Section 397/401 Cr.P.C. The court considered the question whether the order of interim maintenance passed …

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court
2 years, 11 months ago

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court

Live Law  

The Delhi High Court has reiterated that only continuous and repeated acts of adultery or cohabitation in adultery would attract the rigours of the provision under Section 125 of the Code of Criminal Procedure. The Court noted that the law emanating from various precedents of the Supreme Court and various High Courts establishes the position of payment of maintenance holding …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

Section125(3) CrPC Mode Of Enforcement Of Right To Maintenance; Its Invocation Against Defaulter Cannot Be Faulted: Allahabad High Court
4 years, 1 month ago

Section125(3) CrPC Mode Of Enforcement Of Right To Maintenance; Its Invocation Against Defaulter Cannot Be Faulted: Allahabad High Court

Live Law  

The Allahabad High Court has held that the liability of a man to maintain his wife, children or parents under Section 125 CrPC is one of "continuing nature" and a Magistrate cannot be faulted for issuing warrant under Section 125 in case of default. being in the nature of continuing liability; accordingly, in case of a default in complying with …

SC Lays Down Guidelines for Payment of Maintenance in Matrimonial Cases
4 years, 4 months ago

SC Lays Down Guidelines for Payment of Maintenance in Matrimonial Cases

News 18  

The Supreme Court Wednesday laid down guidelines for interim compensation and quantum of maintenance in matrimonial cases to ensure uniformity and consistency in practice adopted by different courts. On overlapping jurisdiction, the top court directed that where successive claims for maintenance are made by a party under different statutes, the court would consider an adjustment or set off of the …

Maintenance In All Cases To Be Awarded From The Date Of Filing Application: Supreme Court [Read Judgment]
4 years, 4 months ago

Maintenance In All Cases To Be Awarded From The Date Of Filing Application: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that the right to claim maintenance under all enactments must date back to the date of filing the application.It would be appropriate to grant maintenance from the date of application in all cases, including Section 125 Cr.P.C., the bench comprising Justices Indu Malhotra and R. Subhash Reddy observed in a judgment in which it issued. …

Magistrate Cannot Assume Jurisdiction U/s 125 CrPC In A Proceedings U/s 20 Of Domestic Violence Act: SC [Read Order]
5 years, 4 months ago

Magistrate Cannot Assume Jurisdiction U/s 125 CrPC In A Proceedings U/s 20 Of Domestic Violence Act: SC [Read Order]

Live Law  

Can a Magistrate after rejecting a plea seeking maintenance under Domestic Violence Act assume jurisdiction under Section 125 of the Criminal Procedure Code and grant maintenance?This was the issue before the Apex Court in P. Rajkumar vs. Yoga @ Yogalakshmi, in which it answered in the negative. Can a Magistrate after rejecting a plea seeking maintenance under Domestic Violence Act …

Section 125 CrPC- Maintenance Order Not To Be Stayed Unless For Very Special Reasons: SC [Read Order]
5 years, 5 months ago

Section 125 CrPC- Maintenance Order Not To Be Stayed Unless For Very Special Reasons: SC [Read Order]

Live Law  

Higher Courts should not stay an order of maintenance unless there are very special reasons, the Supreme Court has observed. In this case, a wife and minor child filed a petition under Section 125 of the Criminal Procedure Code before Family Court. An ex parte order was passed by the Family Court granting maintenance @ Rs.20, 000. Later, the High …

Assessment Of Interim Maintenance U/S 125 Of CrPC Only Requires Prima Facie Evaluation: Delhi HC [Read Judgment]
5 years, 8 months ago

Assessment Of Interim Maintenance U/S 125 Of CrPC Only Requires Prima Facie Evaluation: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that at the stage of assessment of interim maintenance under section 125 of the Criminal Procedure Code, the court has to only form a prima facie opinion. Hearing a Criminal Review Petition, Justice Sanjeev Sachdeva held that both the trial court and the appellate court erred in placing the burden of proof on the petitioner …

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]
5 years, 9 months ago

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]

Live Law  

The Delhi High Court on Friday dismissed a petition seeking to quash the Rules 22 and 22 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the parent Act of 2007 and the Constitution. The bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao noted that section 22 of the Act …

No Absolute Rider To Deposit Entire Maintenance Amount Prior To Entertainment Of Statutory Remedy: Delhi HC [Read Judgment]
6 years, 8 months ago

No Absolute Rider To Deposit Entire Maintenance Amount Prior To Entertainment Of Statutory Remedy: Delhi HC [Read Judgment]

Live Law  

‘It would be most unjust and unreasonable to bar his statutory remedy of revision/ appeal as the case may be, merely because he may not be in a position to deposit the entire arrears of interim maintenance.’The Delhi High Court in Sabina Sahdev v. Vidur Sahdev has held that there cannot be an absolute rider that the entire maintenance amount, …

No Absolute Rider To Deposit Entire Maintenance Amount Prior To Entertainment Of Statutory Remedy: Delhi HC [Read Judgment]
6 years, 8 months ago

No Absolute Rider To Deposit Entire Maintenance Amount Prior To Entertainment Of Statutory Remedy: Delhi HC [Read Judgment]

Live Law  

‘It would be most unjust and unreasonable to bar his statutory remedy of revision/ appeal as the case may be, merely because he may not be in a position to deposit the entire arrears of interim maintenance.’The Delhi High Court in Sabina Sahdev v. Vidur Sahdev has held that there cannot be an absolute rider that the entire maintenance amount, …

Should Husband Follow Both Maintenance Orders Under Crpc And Domestic Violence Act: SC Issues Notice [Read Order]
7 years, 2 months ago

Should Husband Follow Both Maintenance Orders Under Crpc And Domestic Violence Act: SC Issues Notice [Read Order]

Live Law  

In case, a wife obtains an order of maintenance passed in the proceedings filed under Section 125 of CrPC is to be followed, and another order passed in the proceedings filed under the Domestic Violence Act, which of the either is to be followed by the husband or whether he should follow both.The Supreme Court has issued notice in special …

Order Of Maintenance Awarded Under Domestic Violence Act Cannot Be Substituted By Maintenance Under S.125 of CrPC [Read Judgment]
7 years, 5 months ago

Order Of Maintenance Awarded Under Domestic Violence Act Cannot Be Substituted By Maintenance Under S.125 of CrPC [Read Judgment]

Live Law  

While examining a short question of whether the order of maintenance passed in the proceedings filed under Section 125 of CrPC is to be followed, or, whether the order of maintenance passed in the proceedings filed under Domestic Violence Act, is to be followed, the Bombay High Court has held that both stand independently of each other.Justice Shalini Phansalkar Joshi …

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