Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court
12 hours, 41 minutes 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 are of civil nature, the provision is included in Criminal Law to provide an effective and speedy remedy because the Criminal Courts are better equipped for quick enforcement, not forcing the individuals to undergo complex and often-lengthy process of civil litigation. “However, maintenance proceedings are essentially civil in nature and the reason for inclusion of the provisions dealing therewith in the Code of Criminal Procedure was clarified by the Law Commission of India in September, 1969. Jagir Kaur and another vs. Jaswant Singh, a 3-Judge Bench of this Court held that proceedings under Section 488 of the Code of Criminal Procedure, 1898, the precursor to Section 125 Cr.P.C., are in the nature of civil proceedings; the remedy, being a summary one; and the person seeking that remedy, ordinarily being a helpless person.”, the Court observed.

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History of this topic

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC
1 month, 1 week 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
6 months, 4 weeks 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 …

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

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, 6 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 …

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court
1 year, 7 months ago

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the Apex Court's ruling in the case of Rajnesh v. Neha and another, 2 SCC 324 has not completely blocked the discretionary power of the trial court in granting maintenance from the date of order in the case there are circumstances and reasons for doing the same.For context, in Rajnesh v. Neha, the …

No Bar On Initiating Simultaneous Proceedings For Maintenance Under Different Statutes: Madras High Court Reiterates
2 years, 3 months ago

No Bar On Initiating Simultaneous Proceedings For Maintenance Under Different Statutes: Madras High Court Reiterates

Live Law  

The Madras High Court recently reiterated that as per the settled legal position, there is no bar or prohibition on initiating simultaneous proceedings for claiming maintenance under different statutes. Justice Murali Shankar of Madurai Bench was deciding upon the plea of a husband, who was seeking to quash the proceedings before the Family Court, Thiruchirappalli in which the wife had …

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 5 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, 5 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, 8 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, 8 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 …

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 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 …

Section125(3) CrPC Mode Of Enforcement Of Right To Maintenance; Its Invocation Against Defaulter Cannot Be Faulted: Allahabad High Court
3 years, 11 months 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, 2 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, 2 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. …

Assessment Of Interim Maintenance U/S 125 Of CrPC Only Requires Prima Facie Evaluation: Delhi HC [Read Judgment]
5 years, 6 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 …

Advocate Challenges Restriction On Legal Representation; Delhi HC Issues Notice
5 years, 9 months ago

Advocate Challenges Restriction On Legal Representation; Delhi HC Issues Notice

Live Law  

The Delhi High Court has issued a notice to the Centre, the Bar Council of India and others on a petition challenging the constitutionality of Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act which prohibits legal representation for any party before the Maintenance Tribunal. A bench headed by Chief Justice Rajendra Menon issued notices on …

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