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Showing posts with the label Section 125 Cr.P.C.

Whether an Order under Section 20 DV Act is Restricted by an Order under Section 125 Cr.P.C. [JUDGMENT]

The Code of Criminal Procedure, 1973 – Section 125 - The Protection of Women from Domestic Violence Act, 2005 - Sections 20 and 23 - Monetary Reliefs - An order under Section 20 DV Act is not restricted by an order under section 125 Cr.P.C.
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Section 125 Cr.P.C. - Interim Maintenance Application - Rejection / Allowing of - Revision u/s. 397 Cr.P.C. is Maintainable [CASE LAW]

Code of Criminal Procedure, 1973 - Sections 125 & 482 -  Family Courts Act, 1984 - Order for maintenance of wives, children and parents -  Rejection / Allowing of the Interim Maintenance Applications - Whether an application under Section 482 of Cr.P.C. or a criminal revision under Section 397 of Cr.P.C. is maintainable ?
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Husband must Maintain Wife being Pious Obligation as per Hindu Shastra [JUDGMENT]

Code of Criminal Procedure, 1973 - Section 125 - Family Court Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 24, 28 - Husband has to maintain and must maintain his wife, that being pious obligation to discharge as per Hindu Shastra.
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Whether Appeal or Revision against Order of Maintenance can be Heard without Deposit of Arrears [JUDGMENT]

Protection of Women from Domestic Violence Act, 2005 -  Ss. 23 & 29 -  Criminal P.C. 1973 - Ss. 125, 399 & 401 - A revision u/s. 399 r/w. 401 Cr.P.C. and an appeal u/s. 29 of the DV Act, against the order granting maintenance u/s. 125 Cr.P.C. and u/s. 23 of the DV Act respectively, would be maintainable, and would be entertained and heard without any pre-condition of deposit of the arrears of maintenance.
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Whether Minor Child is entitled to receive Maintenance from Biological Father u/s. 125 Cr.P.C. [Case Law]

Constitution of India -  Art. 227 -  Evidence Act, 1872 -  S. 112 -  Criminal Procedure Code, 1973 -  Ss. 125 & 362 -  Family Courts Act, 1984 -  Ss. 7, 8 & 20 - W hether the Minor child is entitled to receive maintenance from his biological father under section 125 of the Cr.P.C.
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Section 125 Cr.P.C. : Application for Interim Maintenance has to be Decided on the basis of Affidavit [Case Law]

Criminal Procedure Code, 1973 - S. 125 -  Order for maintenance of wives, children and parents -  Application for interim maintenance has to be decided on the basis of affidavit.
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Maintenance u/s. 125 Cr.P.C can be Denied only when the Spouse is Residing Separately without any Justifiable Reasons or if she got Married again [Case Law]

Criminal Procedure Code, 1973 - Section 125 -  The maintenance as provided under Section 125 of Cr.P.C can be denied only when the spouse is residing separately without any justifiable reasons or if she got married again. [Para 7]
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Whether Divorced Wife is Entitled to get Maintenance from Former Husband [Case Law]

Criminal Procedure Code, 1973 -  Section 125(1) -  Even a divorced wife is entitled to get maintenance from her husband.
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Whether a Mother is Competent to File Maintenance on behalf of her Major Daughter u/s. 125 Cr.P.C.? [Case Law]

Code of Criminal Procedure, 1973 - S. 125 -  Order for maintenance of wives, children and parents -  Mother claiming maintenance for her major daughter - Whether a major daughter is entitled for maintenance - Whether a mother is competent to file proceedings claiming maintenance on behalf of her major daughter.
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