Section 125 CrPC Archives

‘Able-bodied man obliged to earn by legitimate means and maintain wife, children’: Supreme Court, unhappy with Family Court’s verdict, directs husband to pay maintenance to his wife

Supreme Court: In an appeal directed against the judgment passed by the Punjab and Haryana High Court, confirming the Family Court’s order

Case Briefs Supreme Court

One cannot seek transfer of execution proceeding under Section 125(3) CrPC to another Court once the order fixing maintenance attains finality: Supreme Court

Supreme Court: In a complex case where both the parties claimed to be disabled to get the matrimonial case transferred to the

Case Briefs High Courts

If wife is earning, can it operate as a bar from awarding maintenance to suit lifestyle of her husband in matrimonial home? Tel HC answers

Telangana High Court: Sathish Reddy, J., while addressing a maintenance case, expressed that, the wife’s earning capacity cannot be a bar from

Case Briefs High Courts

Raj HC | Neither the mere potential to earn, nor actual earning of wife, howsoever meagre, is sufficient to deny claim of maintenance

Rajasthan High Court: Pushpendra Singh Bhati J. modified the impugned order and enhanced the compensation to Rs 75000/- (for wife) and Rs

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TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?

Case Briefs High Courts

Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary? Gau HC throws light

Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right

Case Briefs High Courts

Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive? Del HC elaborates

Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section

Case Briefs High Courts

Duty of father to maintain child, daughter entitled to seek maintenance from father: All HC

Allahabad High Court: Brij Raj Singh, J., expressed that, a father is legally bound to maintain his child according to the status

Case Briefs High Courts

If divorce is declared in one go and Fatwa is issued, Is muslim wife entitled to maintenance under S. 125 CrPC? All HC answers

Allahabad High Court: Brij Raj Singh, J., while addressing a maintenance case, observed that if a wife proves that she is unable

Case Briefs High Courts

If wife sells out some property, in order to maintain her children, would that mean the wife will not have opportunity to claim maintenance under S. 125 CrPC? All HC explains

Allahabad High Court: Brij Raj Singh, J., while discussing the matter with regard to providing maintenance to a wife, noted that the

Case Briefs District Court

Is it possible for a husband to suddenly become devoid of all income sources when asked to provide maintenance to his wife? Saket Court elaborates

Saket Courts, Delhi: While addressing a maintenance matter, Anuj Agrawal, Additional Sessions Judge-05, expressed that, it can not be believed that a

Case Briefs High Courts

[Section 125 CrPC] Husband with sufficient means, is obligated to maintain wife and children? Del HC answers in a maintenance matter

Delhi High Court: In a maintenance matter, Subramonium Prasad, J., expressed that, if a husband has sufficient means, he is obligated to

Case Briefs High Courts

Only continuous and repeated acts of adultery and/or cohabitation in adultery would attract rigours of provision under S. 125(4) CrPC: Del HC

Delhi High Court: While addressing a matter with regard to a wife’s right to maintenance Chandra Dhari Singh, J., expressed that, only

Case Briefs High Courts

If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., expressed that, “If the husband keeps another lady; gives

Case Briefs High Courts

Law on Recovery of Maintenance | Limitation of 1 year for recovery of maintenance under S. 125(3) of CrPC and the law on enforcement to claim order of maintenance under S. 128 CrPC: All HC explains

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while addressing a matter regarding recovery of maintenance amount, expressed that, “Sentencing to jail

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“For a contract to be enforceable, the restraint of trade clause must be reasonable.” [Rajesh Kumar Gandhi v. Mukesh Dutt] Read the

Case Briefs High Courts

Court under maintenance proceedings under S. 125 of CrPC, can usurp jurisdiction of Civil Courts? Del HC decides

Delhi High Court: Chandra Dhari Singh, J., decided a maintenance case wherein the marital status of the parties was the crux of

Case Briefs High Courts

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA? All HC decides

Allahabad High Court: Syed Aftab Husain Rizvi, J., addressed a revision petition filed by the husband who claimed that the Family Court

Case Briefs High Courts

“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the

Case Briefs High Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative