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Shaikh Babbu S/O. Sk. KhutbuddIn Vs. Sayeda Masarat Begum and Another
Mumbai
Jul-23-1999
Criminal
Muslim Womens (Protection of Rights on Divorce) Act, 1986 - Sections 3, 4, 5 and 6; Constitution of India - Articles 14, 15, 21, 141, 142, 226, 245 and 246; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 127 and 128; Family Courts Act, 1984 - Sections 7, 8, 19 and 20; Wakf Act, 1954 - Sections 9; Wakf Act, 1995 - Sections 36; Family Courts Act, 1994 - Sections 7(2); Bombay High Court Appellate Side Rules, 1960 - Rule 7; Hindu Succession Act, 1956 - Sections 15(2) and 16
2000(5)BomCR118; 1999CriLJ4822
the register. The wife filed an application under section 125 of the Code of Criminal Procedure in the Family Court on 27-9-1996 and claimed maintenance … of maintenance of wife, children and parents) of the Criminal Procedure Code, 1973 and such other jurisdiction as may be conferred on it by any … wife refused to take the document of divorce entered in the register. The wife filed an application under section 125 of the Code of Criminal Procedure in the Family Court on 27-9-1996 and claimed maintenance for herself and … field regarding the rights of divorced Muslim woman to seek maintenance against her husband under Chapter IX of the Criminal Procedure Code. v) After the enactment of the M.W. Act, a divorced Muslim woman is precluded from filing an application
Tag this Judgment! AI Brief & AskMst. Zohara Khatoon Vs. Mohd. Ibrahim
Supreme Court of India
Feb-18-1981
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 127, 127(2), 127(3) and 482; Muslim Marriage Act, 1939
AIR1981SC1243; 1981(1)SCALE370; (1981)2SCC509; [1981]2SCR910
her she filed an application before the trial Magistrate on September 17, 1974 under Section 125 of the CrPC 1973 (hereinafter referred to as the '1973 Code') in order to fix maintenance for her and her minor son. … personal law to which the parties concerned are subject.... The right to maintenance conferred by Section 536 of the Criminal Procedure Code is a statutory right, which the Legislature has framed irrespective of the nationality or creed of the parties,
Tag this Judgment! AI Brief & AskAtmaram Tukaram Suradkar Vs. Sau. Trivenibai Atmaram Suradkar
Mumbai
Feb-14-2005
CriminalFamily
Hindu Law; Hindu Marriage Act, 1955 - Sections 4, 5, 5(1), 11, 12, 12(2), 13, 16, 16(3), 25 and 25(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 482; Indian Penal Code (IPC) - Sections 494
2005CriLJ2057; I(2006)DMC203
the background in which the provisions of Section 125, Criminal Procedure Code, 1973 were enacted, a woman cannot claim maintenance under the section unless she … bearing No. 1/1998 against her husband Atmaram claiming maintenance @ Rs. 500/- per month under Section 125 of the Criminal Procedure Code on the contentions that she is his legally wedded wife and since last one year of the filing … ORDERS.T. Kharche, J.1. By invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure Code, this petition takes an exception to the order dated 1-11-2001 passed by the learned
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Kalidas S/O. Durgaji Shinde Vs. Parwatibai W/O. Kalidas Shinde
Mumbai
Jan-28-1985
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125
1985(1)BomCR515
invest the respondent with a right to seek maintenance in view of the provisions of section 125 of the Criminal Procedure Code, 1973. Under section 125(1) an order of maintenance can be made if any person having sufficient means neglects … with a right to seek maintenance in view of the provisions of section 125 of the Criminal Procedure Code, 1973. Under section 125(1) an order of maintenance can be made if any person having sufficient means neglects
Tag this Judgment! AI Brief & AskNileshkumar Rameshchandra Dhruv Vs. State of Gujarat
Gujarat
Mar-26-1990
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125(1) and 125(3)
I(1991)DMC280; (1990)2GLR996
the petitioner Sub-section (3) of Section 125 of the Criminal Procedure Code, 1973 reads as under :--'(3) If any person so ordered fails without sufficient … are heard.4. The learned Counsel for the petitioner submits that looking to the provisions of Section 125 of the Criminal Procedure Code and particularly, Sub-section (3) of Section 125, before issuing a warrant for levying the amount due, the learned … learned Counsel for the petitioner submits that looking to the provisions of Section 125 of the Criminal Procedure Code and particularly, Sub-section (3) of Section 125, before issuing a warrant for levying the amount due, the learned
Tag this Judgment! AI Brief & AskChandrakant Bhanudas Labde Vs. Shobhabai Chandrakant Labde and anr.
Mumbai
Nov-07-1985
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Code of Civil Procedure (CPC) , 1980 - Order 6, Rule 17
1986(3)BomCR12
wife from the husband under section 125 of the Criminal Procedure Code, 1973. That was an absolutely essential ingredient that was to be alleged, enquired … good case for the wife, there was absolutely no allegation in her application filed under section 125 of the Criminal Procedure Code, that she was unable to maintain herself. Not a word was stated by herself in this respect or … by the petitioner Chandrakant Bhanudas Labde for invoking the jurisdiction of this Court under section 401 of the Code of Criminal Procedure to set aside the order passed by the learned Judicial Magistrate, First Class, Shrirampur, dated
Tag this Judgment! AI Brief & AskPaladugula Vijayalakshmi Vs. Nomula Ramanadham and ors.
Andhra Pradesh
Dec-02-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 126 and 482;
2003(1)ALD(Cri)45; 2003(2)ALT(Cri)98; II(2003)DMC131
Clause (d) of Section 125(1). The Legislature in enacting Criminal Procedure Code, 1973 thought it wise to provide for the maintenance of the parents of … maintain their father or mother who is unable to maintain himself or herself. Section 488 of the Old Criminal Procedure Code did not contain a provision like Clause (d) of Section 125(1). The Legislature in enacting Criminal Procedure Code, … 2(y), Cr.P.C. provides that words and expressions used herein and not defined but defined in the Indian Penal Code have the meanings respectively assigned to them in that Code. Section 8 of the Indian Penal Code lays
Tag this Judgment! AI Brief & AskVanitaben Naranbhai and ors. Vs. Naranbhai Raghavbhai Makwana and anr.
Gujarat
Jan-19-1991
CriminalFamily
Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 397
II(1991)DMC485; (1991)2GLR101
are the original applicants, who claimed maintenance by invoking the aids of the provisions of Section 125 of the Criminal Procedure Code, 1973 ('Code' for short, hereinafter) from respondent No. 1 herein/original opponent, by filing a Misc. Criminal Application No. … applicants, who claimed maintenance by invoking the aids of the provisions of Section 125 of the Criminal Procedure Code, 1973 ('Code' for short, hereinafter) from respondent No. 1 herein/original opponent, by filing a Misc. Criminal Application No.
Tag this Judgment! AI Brief & AskPopat Kashinath Bodke Vs. Kamalabai Popat Bodke,
Mumbai
Feb-06-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 125(4); Indian Registration Act - Sections 17
2003(2)ALD(Cri)63; 2003BomCR(Cri)1122; II(2003)DMC193; 2003(2)MhLj608
the property. Shri Naiknavare submitted that Kamalabai is entitled to get maintenance in view of Section 125 of Criminal Procedure Code, 1973 (hereinafter referred to as Code for convenience) and she is entitled to file fresh application whenever she … Shri Naiknavare submitted that Kamalabai is entitled to get maintenance in view of Section 125 of Criminal Procedure Code, 1973 (hereinafter referred to as Code for convenience) and she is entitled to file fresh application whenever she
Tag this Judgment! AI Brief & AskAshok Kumar Singh Vs. Vith Addl. Sessions Judge, Varanasi and Others
Supreme Court of India
Sep-06-1995
Criminal
Code of Criminal Procedure (CrPC) 1973 - Sections 125; Constitution of India - Article 226
AIR1996SC333; 1996(1)ALD(Cri)713; 1996CriLJ392; 1995(2)CTC457; I(1996)DMC115SC; JT1995(7)SC151; (1996)1MLJ59(SC); 1995(5)SCALE422; (1996)1SCC554; [1995]Supp3SCR364
to the respondent towards her maintenance.9. The appeal is accordingly dismissed. Criminal - maintenance - Section 125 of Criminal Procedure Code, 1973 - respondent (wife) filed maintenance application under Section 125 on ground that appellant was impotent and he … Their marriage was solemnized on November 22, 1981. The respondent laid the proceedings under Section 125 of the CrPC, 1973 (for short, 'the Code') on July 14, 1987 for maintenance on the ground that the appellant is impotent
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