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Feb 18 1981

Mst. Zohara Khatoon Vs. Mohd. Ibrahim

Court : Supreme Court of India

Decided on : Feb-18-1981

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 127, 127(2), 127(3) and 482; Muslim Marriage Act, 1939

Reported in : AIR1981SC1243; 1981(1)SCALE370; (1981)2SCC509; [1981]2SCR910

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, … 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. … to be the wife of the respondent and was, therefore, not entitled to maintenance under Section 125 or Section 127 of the 1973 Code. Ultimately, the husband moved the High Court under Section 482 of the 1973 Code

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Feb 05 2001

Shahanazbegum Kadarbasha Shaikh and anr. Vs. Kadarbasha Usman Shaikh a ...

Court : Mumbai

Decided on : Feb-05-2001

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 127; Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3(1)

Reported in : 2001(5)BomCR401; 2001CriLJ1215; I(2002)DMC375

Rs. 150/- respectively.3. On 3-11-1990, husband filed Criminal Misc. Application No. 242 of 1990 under section 127 of the Criminal Procedure Code, 1973, (for easy reference, hereinafter, referred to as 'the said Code'). He claimed that he had divorced wife … N.V. Dabholkar, J.1. This writ petition arises out of the maintenance proceedings under Chapter IX of the Code of Criminal Procedure, 1973 on the file of the Judicial Magistrate First Class, Solapur. Petitioner No. 2 is

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Oct 06 1978

Bai Tahira Vs. Ali HussaIn Fidaalli Chothia and anr.

Court : Supreme Court of India

Decided on : Oct-06-1978

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 15(3), 125, 125(1), 125(4), 127 and 127(3); Constitution of India - Articles 15(3), 37, 38 and 39

Reported in : AIR1979SC362; 1979CriLJ151; 1979MPLJ132(SC); (1979)81PLR218; (1979)2SCC316; [1979]2SCR75; 1979(11)LC150(SC)

appellant, finding herself in financial straits and unable to maintain herself, moved the magistrate under Section 125 of the Criminal Procedure Code, 1973, for a monthly allowance for the maintenance of herself and her child. She proceeded on the footing … maintain herself, moved the magistrate under Section 125 of the Criminal Procedure Code, 1973, for a monthly allowance for the maintenance of herself and her … could survive. The third contention is apparently based upon a contractual arrangement in the consent decree read with Section 127(3)(b) which reads :(b) the woman has been divorced by her husband and that she has received, whether before

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Dec 04 2007

Srinivasa Gowda Vs. H.J. Leelavathi

Court : Karnataka

Decided on : Dec-04-2007

Subject : Family

Acts : Family Courts Act, 1984 - Sections 19(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 127

Reported in : 2008(1)KarLJ152; 2008(1)KCCR302; 2008(2)AIRKarR111; AIR2008NOC1108; 2008CriLJ(NOC)547; 2008(3)Crimes530; 2008(1)AICLR622

authorities and legal position, that can be done only in a properly laid petition under Section 127 of the Criminal Procedure Code, 1973, presented before the Court below which had passed an order for maintenance under Section 125 of the … position, that can be done only in a properly laid petition under Section 127 of the Criminal Procedure Code, 1973, presented before the Court below which had passed an order for maintenance under Section 125 of the

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Jul 11 2005

Gangadhar Narhari Kedare Vs. Sou. Sonyabai Gangadhar Kedare

Court : Mumbai

Decided on : Jul-11-2005

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 127, 127(1), 127(2), 127(3), 127(4) and 498; Code of Criminal Procedure (CrPC) , 1898 - Sections 488 and 489

Reported in : (2005)107BOMLR174

of passing of order and not from date of filing of application under the Code of Criminal Procedure 1973, Section 127 - Whether Court has jurisdiction to enhance maintenance from date of filing of application - Held, Under the … The Respondent-wife had initially filed an application under Section 125 of the Code of Criminal Procedure, 1973, for maintenance against the Petitioner. The said Application … the order of a Magistrate increasing the maintenance allowance of the applicant Bai Amba, under Section 488 of the Criminal Procedure Code, from Rs. 8-4-0 to Rs. 18 per mansem, the order to take effect retrospectively from the date of

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Feb 26 1998

Eswaran Vs. Pichayee and ors.

Court : Chennai

Decided on : Feb-26-1998

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(3) and 127(2)

Reported in : II(1998)DMC147

27A1998 for verification about the payment. Family - maintenance - Sections 125, 125 (3) and 127 (2) of Criminal Procedure Code, 1973 - revision petition challenged validity of award which allowed maintenance for wife and son - in petition … operate until vacated or altered in terms of the provisions of the Code itself. If the husband has a case under Section 125(4), (5) or … decree.37. In view of the fact that the decree though ex-parte was passed subse- quently, the petitioner under Section 127(2), Cr. P.C. has necessarily to file an application before the Court in which the maintenance order has been

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Jun 24 2008

Mallayya Vs. Smt. Mahadevi and anr.

Court : Karnataka

Decided on : Jun-24-2008

Subject : Criminal

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 125(1) and 127; Code of Criminal Procedure (CrPC) , 1898 - Sections 488

Reported in : 2009(2)KarLJ130; 2008(4)KCCR2444

respondents 1 and 2 respectively towards their maintenance. Thereafter, the respondents filed a petition under Section 127 of the Criminal Procedure Code, 1973 for enhancement of the said maintenance. After considering the legal contentions of the petitioner and respondents on … 2 respectively towards their maintenance. Thereafter, the respondents filed a petition under Section 127 of the Criminal Procedure Code, 1973 for enhancement of the said maintenance. After considering the legal contentions of the petitioner and respondents on

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Jan 21 1993

Mrs. Faridabano ShahabuddIn Kadri and anr. Vs. ShahabuddIn MuzzaroddIn ...

Court : Mumbai

Decided on : Jan-21-1993

Subject : Criminal

Acts : Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 7; Code of Criminal Procedure (CrPC) , 1973 - Sections 125(1)(3) and 127

Reported in : 1993(2)BomCR242

the situation envisaged by section 125 of the Code of Criminal Procedure, 1973. The Court held that it would be incorrect and unjust to extend … in the divorced Muslim women who are applicants before us by virtue of orders in their favour under the Criminal Procedure Code prior to the passing of the new Act, and if so, whether the new Act extinguishes or saves … passed in favour of the divorced wife under section 125 of the Code of Criminal Procedure and the applications relating to enforcement of those orders … every divorcee women and no exception could be carved out for a divorced Muslim wife, despite provisions of section 127(3)(b) of the Code of Criminal Procedure and Muslim Personal Law. The correctness of this view was doubted when

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Mar 15 1995

M. Shiv Raj Vs. the Ix Metropolitan Magistrate, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Mar-15-1995

Subject : Criminal

Acts : Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 127 and 397

Reported in : 1995(1)ALT595; 1995CriLJ3272; II(1995)DMC1

of each of the petitioners. 15. Code of Criminal Procedure, 1973 provides for filing of an application under Section 127 seeking alteration/modification of the order passed under Section 125 of Cr.P.C. Therefore, it is open to the parties … petitioner at length. 8. Prima facie, the petitioner has failed to make out a case before this Court. The Criminal Procedure Code provides for presenting a revision under Section 397 of Cr.P.C. either before the High Court or Sessions Court … failed to make out a case before this Court. The Criminal Procedure Code provides for presenting a revision under Section 397 of Cr.P.C. either before

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Sep 06 1995

Smt. Hafijabi Suleman Darwajkar Vs. Suleman Mohammad Darwajkar and Ano ...

Court : Mumbai

Decided on : Sep-06-1995

Subject : Family

Acts : Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3, 5 and 7; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 127; Bombay Tenancy and Agricultural Lands Act - Sections 32

Reported in : AIR1996Bom79; 1996(3)BomCR281; (1995)97BOMLR458

a divorced woman under Section 125 or under Section 127 of the Code of Criminal Procedure, 1973 (2 of 1974 ) pending before a Magistrate … is discharged. 12. Petition dismissed. [A] Muslim Women (Protection of Rights on Divorce) Act, 1986 - Section 7 Criminal Procedure Code. 1973 - Section 125 - Maintenance - Claim by divorce Muslim woman - Magistrate's order awarding maintenance contested … revision, considering the provisions of Section 7 of the said Act, it is clear that the application under Section 127 of the Cr. P.C. for executing the order passed by the Magistrate under Section 125 to be decided

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