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Usman Khan Bahamani Vs. Fathimunnisa Begum and Others
Andhra Pradesh
Mar-19-1990
Family
Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 2, 3, 3(1), (2) and (3), 4, 4(2), 5, 7 and 279; Code of Criminal Procedure (CrPC) , 1974 - Sections 125 to 128; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 125(3); Wakf Act - Sections 9; Muslim Women (Protection of Rights on Divorce) Rules, 1986 - Rule 8
AIR1990AP225; 1990CriLJ1364
only during iddat period by her former husband. (ii) Maintenance - Sections 125, 126, 127 and 128 of Criminal Procedure Code, 1973 - Section 5 of Act of 1986 provides that husband and wife would be governed by Sections … questions arising about the right of such Muslim divorced women to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code') from her former husband even after the enforcement of
Tag this Judgment! AI Brief & AskKaka Vs. Hassan Bano and anr.
Punjab and Haryana
Oct-21-1997
FamilyCriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128; Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3 and 5
II(1998)DMC85
system of social ethics (refer The Chambers 20th Century Dictionary).3. Sections 125 to 128 in Chapter IX of the Criminal Procedure Code, 1973, hereinafter referred to as the Code, are a self contained Code in a Code. In other words, … Dictionary).3. Sections 125 to 128 in Chapter IX of the Criminal Procedure Code, 1973, hereinafter referred to as the Code, are a self contained Code … Code but the provisions of Section 7 of the Act have clearly omitted reference to the provisions of Section 128 of the Code which is conspicuous by its very absence in that provision. If the Legislature intended to
Tag this Judgment! AI Brief & AskK. Zunaideen Vs. Ameena Begum and Another
Chennai
Mar-21-1997
Criminal
Muslim Women Protection of Rights Act, 1986 -- Sections 5 and 7; Code of Criminal Procedure (CrPC) , 1973 -- Sections 3, 125 to 128
1998(1)CTC566; II(1998)DMC468; (1997)IIMLJ464
provisions of Section 125 to 128 of the Code of Criminal Procedure, 1973 (2 of 1974), and file such affidavit or declaration in the Court … was made by the wife and minor child, represented by the mother against theappellant herein under Section 125. Code of Criminal Procedure formaintenance.2. The marriage between the appellant and the first respondent took place on 21.2.1988 according … of the Act for determining the maintenance claim by the respondents, because admittedly parties did not opt for the Criminal Procedure Code.10. In our opinion, the provisions of law are clear, categoric and do not leave any doubt or ambiguity.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mrs. Nazimunnissa Begum Vs. Abdul Majeeth
Chennai
Dec-20-1994
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126, 127 and 128
1995CriLJ3156; I(1996)DMC274
1992 are also dismissed. 10. Petition dismissed. Criminal - maintenance - Sections 125, 126, 127 and 128 of Criminal Procedure Code, 1973 and Section 3 (1) (a) of Muslim Women (Protection of Right on Divorce) Act, 1986 - revision … Judicial Magistrate No. VI, Trichy in Crl.M.P. No. 4728 of 1990 in the petition filed under Section 128 Code of Criminal Procedure. 2. The parties are Muslims. The revision petitioner was married to the respondent herein in
Tag this Judgment! AI Brief & AskG.M. Jeelani Vs. Shanswar Kulsum and anr.
Andhra Pradesh
Oct-17-1992
Criminal
Muslim Women (Protection of Rights on Divorce) Act 1986 - Sections 3, 3(1) and 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128; ;Muslim Law
1993(1)ALT(Cri)171; 1994CriLJ271
and 5 of Muslim Women (Protection of Rights on Divorce) Act, 1986 and Sections 125 to 128 of Criminal Procedure Code, 1973 and Muslim Law - husband preferred revision under Section 127 (3) (b) against award of maintenance passed … separately, that they would prefer to be governed by the provisions of Sections 125 - 128 of the Code of Criminal Procedure, 1973 (2 or 1974) and file such affidavit or declaration in the court hearing the
Tag this Judgment! AI Brief & AskM. Subhan Vs. Maqbul Bee and anr.
Andhra Pradesh
Sep-24-1991
Criminal
Muslim Women's (Protection of Rights on Divorce) Act, 1986; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128
1991(3)ALT603; 1992CriLJ2612
25 of 1986 to be governed by the provisions of Ss. 125 - 128, Cr.P.C., the proceedings under Criminal Procedure Code would be available. Mr. Syed Shariff Ahmed claims that under S. 7 which provides for transitional provisions every … 1986 to be governed by the provisions of Ss. 125 - 128, Cr.P.C., the proceedings under Criminal Procedure Code would be available. Mr. Syed Shariff Ahmed claims that under S. 7 which provides for transitional provisions every … section 125 or under Section 127 of the Code of Criminal Procedure, 1973 (2 of 1974) pending before a Magistrate on the commencement of this
Tag this Judgment! AI Brief & AskKarim Abdul Rehman Shaikh Vs. Shehnaz Karim Shaikh and Others
Mumbai
Jul-11-2000
CriminalFamily
Bombay High Court (Appellate Side) Rules, 1960 - Rule 7; Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 2, 3, 4, 5, 6 and 7; Wakf Act, 1954 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 7 and 125 to 128; Family Courts Act, 1984 -Sections 7, 8 and 20; Muslim Women (Protection of Rights on Divorce) Rules, 1986 - Rule 4
2000(4)ALLMR258; 2000(5)BomCR758; 2000CriLJ3560; II(2000)DMC634
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 … post iddat period maintenance under section 4 of the Muslim Women Act and not under section 125 of the Criminal Procedure Code ('the Code' for short). According to him he had his own doubts in accepting the ruling in Allabuksh's … Muslim Women Act and not under section 125 of the Criminal Procedure Code ('the Code' for short). According to him he had his own doubts … which divorced Muslim women has either under the personal law or under general law i.e. section 125 to section 128 of the Code. He also ruled that orders passed by the Magistrate under section 125 of the Code
Tag this Judgment! AI Brief & AskSomasekhar Vs. State of Karnataka
Karnataka
Feb-18-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125, 125(1), 125(3), 126(3) and 128
ILR1986KAR1202
the Code also in view of Section 126(3) of the Code.In the result, the revision petition is dismissed. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 126(3) -- Costs awardable in execution proceeding under Section … Proceeding for enforcement of the order passed under Section 125 of the Code of Criminal Procedure 1973 (for short the Code).2. The brief facts necessary … include all applications under Section 125 of the Code within the purview of Section 126(3) of the Code. Section 128 of the Code only empowers the Magistrate within whose jurisdiction the husband resides to enforce the order of
Tag this Judgment! AI Brief & AskKamatchi and Another Vs. Veluchamy
Chennai
Feb-26-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 125(2), 126, 127, 128 and 129
1997CriLJ418; II(1996)DMC286
has been a conflict of decisions of different High Courts in this regard. A perusal of Section 125, Criminal Procedure Code shows that the Court may upon proof of neglect or refusal to maintain, order the defaulting person to … a conflict of decisions of different High Courts in this regard. A perusal of Section 125, Criminal Procedure Code shows that the Court may upon proof of neglect or refusal to maintain, order the defaulting person to … having been grouped together in Chapter IX of the new Code of 1973 under the caption 'order for maintenance of wives, children and parents.' This … she was entitled. 4. There is no dispute that Sections 125 to 128 of Chapter IX of the new Cr.P.C. cover the same field which
Tag this Judgment! AI Brief & AskSyed Kareem Vs. Zarina Bi
Karnataka
Dec-11-1991
Family
Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 5 and 7; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128
I(1992)DMC536; ILR1992KAR822; 1991(4)KarLJ217
would prefer to be governed by the provisions of Sections 125 to 128 of the Code of Criminal Procedure, 1973 (2 of 1974), and file … (Protection of Rights on Divorce) Act, 1986 (Central Act No. 25 of 1986) - Sections 5 & 7: CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) -Section 125 - Scope & object - Option to choose whether … it reads as follows:-'Every application by a divorced woman under Section 125 or under Section 127 of the Code of Criminal Procedure, 1973 (2 of 1974), pending before a Magistrate on the commencement of this Act, shall,
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