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Landmark Judgments and Articles on Law

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…

Multiple Maintenance petitions allowed?

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2015 CORAM : THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.RC.(MD)No.453 of 2014 and M.P.No.1 of 2014 B.Prakash : Petitioner Vs. 1.Deepa 2.Minor Harini : Respondents JUDGEMENT The postulant is a father of a initial respondent and a father…

Right of Maintenance of unwed daughter from father.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2019 CORAM THE HON’BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15336 of 2019 R.KirubaKanmani                                   …Petitioner -Vs L.Rajan                                        … Respondent Prayer: Criminal Original petition filed underneath Section 482 of Code of Criminal Procedure, to set aside a sequence antiquated 02.04.2019…

A Father is not liable to provide maintenance to his sonwho attained majority

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (MAINTENANCE) NO. 5202 of 2015 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE J.B.PARDIWALA 1 Whether Reporters of Local Papers may be allowed to see the judgment ? YES 2 To be referred to the Reporter or…

MAINTENANCE ALLOWANCE CANNOT BE GRANTED TO EVERY WIFE

Allahabad High Court Manmohan Singh vs Smt. Mahindra Kaur on 25 March, 1976 Equivalent citations: 1976 CriLJ 1664 Author: B Katju Bench: B Katju ORDER B.N. Katju, J. 1. This is an application under Section 482, Cr. P.C., 1973. 2. The opposite party filed an…

No Maintenance, Residence; Equally earning wife

IN THE COURT OF SH. SANJEEV JAIN:ADDL. SESSIONS JUDGE /SPECIAL JUDGE: CBI­03 (PC ACT) SOUTH DISTRICT: SAKET COURTS:NEW DELHI Criminal Appeal no. 06/15 UID No. 02406R0101692015 Mrs. Ruchi Ahuja D/o Sh. D.K. Ahuja R/o M­66B, Malviya Nagar,New Delhi 110 017 ……….Appellant Vs. 1. Sh. Dinesh…

Women property, income must be considered in CrPC.125

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4666 OF 2008 ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.17260 OF 2007 SHAIL KUMARI DEVI & ANR. … APPELLANTS VERSUS KRISHAN BHAGWAN PATHAK @KISHUN B. PATHAK …RESPONDENT J U D G M…

Wife should prove that she is unable to maintain herself, husband has neglected to maintain her

Karnataka High Court Haunsabai vs Balkrishna Krishna Badigar on 13 February, 1980 Bench: M Patil ORDER 1. Being aggrieved by the order dated 16th November, 1978 passed by the Additional Sessions Judge, Belgaum, in Cr. Revision Petition No. 25/1978 setting aside the order dated 3rd…

Petitioner must claim she is unable to maintain herself for relief of maintenance

Allahabad High Court Manmohan Singh vs Smt. Mahindra Kaur on 25 March, 1976 Bench: B Katju ORDER 1. This is an application under Section 482, Cr. P.C., 1973. 2. The opposite party filed an application under Section 125, Cr. P.C. 1973 against the applicant dated…

Landmark SC Judgment on S. 125 CrPC

Supreme Court Cases 316-2008 Chaturbhuj Vs. Sitabai, Dismissing the appeal, the Court HELD: 1.1. The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are…

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