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Landmark Judgments and Articles on Law

For non-payment of maintenance magistrate has no jurisdiction to issue arrest warrant w/o first levying fine

ALLAHABAD HIGH COURT Court No. – 84 Case :- APPLICATION U/S 482 No. – 4483 of 2022 Applicant :- Vipin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon’ble Ajit Singh,J….

Whether court can impose an imprisonment for more than one month U/S 125(3) of CrPC?

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH CRR-1218-2021 (OM) Date of decision: 12.11.2021 Bal Raj Vs Priya CORAM: MRS. JUSTICE MANJARI NEHRU KAUL The instant revision petition has been filed to assail the order dated 16.03.2020 passed by the Family Court, Jagadhri in…

Non-payment of maintenance, 1 month jail term and release

IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 721 of 2011 Laljee Yadav, son of late Bhadai Yadav, resident of village – Bari Tola, P S – Bettiah Mufassil, District – West Champaran, Bettiah – Petitioner Versus 1 The State of Bihar…

Whether family court can grant rent allowance to the wife along with maintenance allowance?

In the High Court of Allahabad (Before Suresh Kumar Gupta, J.) Ankur Gupta Vs State of U.P. Criminal Revision No. – 2541 of 2019 Decided on March 3, 2021, Citation: 2021 SCC OnLine All 189 The Order of the Court was delivered by Suresh Kumar Gupta,…

No Maintenance on basis of speculation of Income of Husband

Madhya Pradesh High Court Raghubir Yadav vs Smt. Purnima Kharga (Yadav) Civil Revision No. 2631 Of 1998 on 18 September, 2000 Equivalent citations: II (2001) DMC 79 Bench: D Misra ORDER Dipak Misra, J. 1. Celluloid personalities, when become protagonists in a legal battle before…

Maintenance reduced

High Court Of Rajasthan Criminal Revision Petition No. 1030 of 2007 Judgment Date: 01-10-2007 Paramveer Singh ..Petitioner vs. Suresh Kanwar ..Respondent Bench : HON’BLE MR. JUSTICE G.S. SARRAF 1. This criminal revision petition is directed against the judgment dated 3.8.2007 passed by Family Court No….

Wife cannt claim Maintenance U/S.125 if Permanent alimony already granted U/S 25 Hindu Marriage Act

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No(s).246-247/2020 (@ SLP (Crl.)Nos. 1248-1249/2020 [Diary No(s). 1000/2019] RAKESH MALHOTRA Appellant(s) VERSUS KRISHNA MALHOTRA Respondent(s) O R D E R Delay condoned. Leave granted. These appeals arise out of the Judgment and Final Order…

Petetioner did not have opportunity of being heard, 125 Quashed

Gauhati High Court Criminal Revision No. 168 of 1986 Sri Santi Ram Sarma vs Smt. Kanaklata Devi on 3 June, 1993 Equivalent citations: 1993 CriLJ 3317 Mr. P.C Kataki, Mr. A. Wahed, Mr. H. Munir for the petitioner. Mr. D.K Talukdar, & Mr. D.K Sarma…

Working Women maintenance enhancement denied

HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HON’BLE SHRI JUSTICE V.P.S.CHAUHAN Cr.R.No.6066/2018 Dr.(Smt.) Priya Ahirwar V E R S U S Suresh Kumar Shri Ajay Pal Singh and Shri Sanjay Pandey, learned counsel for the applicant. Shri Ajay Gupta, learned Panel Lawyer for…

Execution of orders under Section 24 HMA in terms of CrPC unheard of; orders of ADJ purportedly acting as Magistrate set aside

In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.1903 of 2018 Taraknath Mukherjee Versus Sandhya Mukherjee (Sarkar) Mr. Kushal Paul….for the petitioner. Mr. J. Rahaman….for the opposite party. The present challenge has been preferred by the husband against an order whereby the Additional…

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