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Landmark Judgments and Articles on Law

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…

Meaning of unable to maintain

IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 5831-5833 OF 2011 (Arising out of SLP (C) Nos. 20518-20520 of 2009 Vinny Parmvir Parmar …. Appellant (s) Versus Parmvir Parmar …. Respondent(s) J U D G M E N T P….

MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 125: Cr.P.C. Order for maintenance of wives, children and parents (1) If any person having sufficient means neglects or refuses to maintain, (a) his wife, unable to maintain herself to, (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain…

Maintenance under the CrPC

Section 125 does not aim to benefit those belonging to any particular religion, its use by Muslim wives was curtailed by the Muslim Women (Protection of Rights on Divorce) Act, 1986. However, according to a report in the Indian Express, the High Court of Bombay…

Dr. Ajay Kashyap vs Dr. (Smt.) Hemlata Kashyap(S.24)

Madhya Pradesh High Court Dr. Ajay Kashyap vs Dr. (Smt.) Hemlata Kashyap And Anr. on 4/4/2005 ORDER Rajendra Menon, J. 1. This petition under Article 227 of the Constitution has been filed   challenging an order passed by the Family Court, Gwalior vide Annexure  …

What is CrPc.125 ?

CrPc.125. Order for maintenance of wives, children and parents. (1) If any person leaving sufficient means neglects or refuses to maintain- (a) His wife, unable to maintain herself, or (b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or…

Maintenance to wife Whether her income in Account fixing

PETITIONER: BHAGWAN DUTT Vs. RESPONDENT:KAMLA DEVI AND ANR. DATE OF JUDGMENT17/10/1974 BENCH:SARKARIA, RANJIT SINGH BENCH:SARKARIA, RANJIT SINGH CHANDRACHUD, Y.V. GUPTA, A.C. CITATION: 1975 AIR 83 1975 SCR (2) 483 1975 SCC (2) 386 CITATOR INFO : R 1986 SC 984 (5) R 1987 SC1100 (5)…

Bhagwan Dutt Vs Kamla Devi – Wife Income

Bhagwan Dutt Vs Kamla Devi [ SC ] PETITIONER: BHAGWAN DUTT Vs. RESPONDENT: KAMLA DEVI AND ANR. DATE OF JUDGMENT 17/10/1974 BENCH: SARKARIA, RANJIT SINGH BENCH: SARKARIA, RANJIT SINGH CHANDRACHUD, Y.V. GUPTA, A.C. CITATION: 1975 AIR 83 1975 SCR (2) 483 1975 SCC (2) 386…

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