Court : Gujarat
Reported in : 1992CriLJ3688; I(1993)DMC544; (1992)2GLR1404
..... wife is entitled to get the maintenance order enforced under the provisions of section 125(3) ..... mere passing of an order under section 24 of the hindu marriage act for interim alimony would not operate as set off against the order of maintenance under section 125 ..... order under section 125 of the code for maintenance and an order under section 24 of the hindu marriage act, are distinct orders in ..... until that is done it is enforceable and no plea that there has been change in circumstances of passing of any order under section 24 of the hindu marriage act or any other plea can be permitted ..... , it will also be open for the wife to pursue appropriate legal remedies for the enforcement of an order of interim alimony under section 24 of the act, passed in her favour in rajasthan court against the husband by taking appropriate proceedings before the ..... there is no dispute about the fact that high court of rajasthan in a divorce petition under the hindu marriage act had also fixed an interim alimony at the rate of rs, 125/- per month and had directed the husband to pay the same ..... of the hindu marriage act, the concerned spouse has only to show that be or she has no independent source of income sufficient for his or her maintenance. ..... not be entitled to set off any amount deposited by him in rajasthan court or paid by him to the wife pursuant to an order passed under section 24 of the hindu marriage act by way of interim alimony in a divorce petition under section 13 of the hindu marriage act. .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307
..... act, to have the attachment order set aside, by applying to the solicitor to the local government or other officer he is entitled to consult on legal matters for such legal assistance as he may require, in the event of (i)an order for attachment of his pay and allowances being issued by direction of any civil or revenue court or of any revenue officer in execution of any decree or order enforceable against him, or (ii)an order for attachment of his pay and allowances being issued by a criminal court under section 421 cr pc for enforcement of a maintenance order ..... immunity from attachment: neither the arms, clothes, equipment, accoutrements or necessaries of any person subject to this act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against him. ..... (13) it is argued that the latter part of note 22 below section 90(i) suggests that 'deductions should not, as a rule, be ordered under this clause or clause (i) of army act s.91 except to give effect to a decree for maintenance granted by a civil court' and a decree is a condition for exercise of power under section 90(i). .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT916; 2012(4)ILR(Ker)32; 2012(4)KLJ1
..... the magistrate turned down the application by annexure a3 order holding that in a proceeding under the act, he has no jurisdiction to enforce the order awarding interim maintenance by recourse to the provisions of section 125(3) of the ..... where the magistrate has jurisdiction or empowerment to pass interim maintenance during the pendency of the proceedings there cannot be any doubt that he has the power to enforce such orders in the event of failure of the person to comply with such order, taking steps as provided under sub-section (3) of section 125 of the ..... for consideration is whether in a proceeding under the ct the magistrate has competency and empowerment to enforce an order of interim maintenance passed by resort to the provision covered by section 125(3) of the code. 5. ..... interim maintenance has been passed in a proceeding under the pwdv act, he has no competency and empowerment to take steps under the aforesaid sub-section of the code, is the view taken by the magistrate for not taking steps to enforce the order awarding interim maintenance. ..... claim for maintenance is awarded under section 125 of the code in the proceedings under pwdv act, then, its enforcement is governed by sub-section (3) of the aforesaid section, where no separate provision for execution such order has been provided under the act. ..... magistrate has gone wrong in holding that he is incompetent to proceed under section 125(3) of the code to enforce the order of interim maintenance granted to the petitioner. 6. .....
Tag this Judgment!Court : Kolkata
Reported in : 1983CriLJ36
..... judicata applies as proceedings under section 488 of the old code are of quasi civil nature, in a different context and in deciding that for any cause that existed at the time when the maintenance order was passed it is not open to the husband to have the same cause considered again in a proceeding for enforcement of the maintenance order under sub-section (3) of the said section. ..... 2 cal lj 202 : 1979 cri lj 1301 in which the question arose in connection with two applications for cancellation of the maintenance order under sections 125(5) and 127(2) of the code respectively. ..... found that in spite of the decree for divorce obtained by the husband during the pendency of the maintenance proceeding the divorcee is entitled to get maintenance from her husband as she is unable to maintain herself and the husband who deposited rs. ..... in my view, in the instant case the opposite party (who) was divorcee is entitled to get maintenance allowance as the petitioner husband himself in his evidence before the court has refused to take her to his house ..... under section 25 of the hindu marriage act, 1955 also, the matrimonial court has discretion to grant permanent alimony to the wife after the decree for divorce although such decree has been passed on the ground of adultery or cruelty or ..... section 41 of the evidence act provides, inter alia, that the judgment and decree of the matrimonial court is conclusive proof that any legal character which it takes away from any person ceased at the time from .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR122
..... the government to see if they are relevant to the object which the legislation has in view, namely, the prevention of objects prejudicial to the defence of india, or to the security of stage maintenance of law and order therein.so far as the requirements of section 3(1) of the cofeposa act are concerned, they stand on the same footing as the requirement of preventive detention act or of the misa and the subjective satisfaction is on the same footing as it was to be found in the preventive detention ..... by the presidential order the enforcement of the rights conferred under articles 14, 21 and clauses (4), (5), (6) and (7) of article 22 of the constitution was suspended and the right to move any court with respect to such orders of detention which had already been made or which might have been made after november ..... act was brought into force on december 19, 1974 by virtue of the power conferred upon the central government by sub-section (3) of section 1 of the cofeposa act and thereafter a presidential order was passed on december 23, 1974 under article 359(1) of the constitution suspending the right to move a court for the enforcement of the rights conferred by articles 14, 21 and clauses (4), (5), (6) and (7) of article 22 of the constitution as regards an order passed under the cofeposa act ..... serious invasion of personal liberty and such meagre safeguards as the constitution has provided against the improper exercise of the power must be jealously watched and enforced by the court. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD297; 2000(2)ALT239
..... the lower court observed as follows:'i feel district magistrate acted in good faith and bona fide manner in ordering the detention of the plaintiff under section 3(1)(a)(ii) of maintenance internal security act ex.a10 is the order of state government confirming the order of the detention and not revoking inspite of ex.a8 representation by the plaintiff. ..... defendant no.4 also filed a written statement denying the claim for damages and that the 3rd defendant acted in pursuance of the discharge of his duties under section 3 of the maintenance of internal security act, 1971 (central act 26 of 1971) (for brief the 'act') and under section 16 of the act if any act is done in good faith, no suit lies for damages. ..... the 3rd defendant acted in the capacity of the district magistrate and passed the impugned orders under the provisions of maintenance internal security act and therefore the lower court found that he cannot be made liable in his personal capacity and hence the suit against defendant 3 is misconceived and not maintainable. ..... the president proclaimed the emergency under article 352 of the constitution of india on 27-6-1975 and the right to citizen to move any court for enforcement of fundamental rights under articles 12, 21 and 22 were suspended during the emergency. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1999Guj251; I(2000)DMC323; (1999)2GLR1170
..... the proceedings: : pending before it without asking for the stay of the proceedings pending in some other court and i have no hesitation in holding that the mere fact that the order of maintenance pendente lite has been passed by the family court at bombaycould not create any legal impediment against the stay of the proceedings in the divorce petition pending before the court at ahmedabad.11 ..... to her since june, 1998 and that it was within the powers and jurisdiction of the court at ahmedabad to stay the proceedings pending before itself on the ground that the regular maintenance pendente lite is not being paid as ordered by the family court at bombay and it is a case of the failure of the exercise of the jurisdiction and the inherent powers of the court under section 151 of the ..... defence in the proceedings filed by her for restitution of conjugal rights or to seek such other remedy as may be available to her in accordance with law, if at all she was aggrieved that the order of maintenance pendente lite passed by that court, was not being complied with, but she had no lawful justification to approach the court at ahmedabad for stay of the proceedings in the divorce petition filed by her ..... high court on behalf of the husband that the wife could enforce the order made under section 24 of the act only by way of execution of the order and that the husband opposite party could not be compelled to pay by ordering stay of the proceeding for restitution of his conjugal rights with the .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ2751; II(2002)DMC8; ILR2002KAR1989; 2002(3)KarLJ438
..... (c) the petition to enforce the maintenance order granted prior to the coming into force of the act is perfectly maintainable as her rights are crystallized and she gets vested right to recover maintenance from her former husband. 9. ..... cannot be done because words cannot be construed contrary to their meaning as the word 'within' would, mean 'on or before', 'not beyond' and, therefore, it was held that the act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing an application before the magistrate as provided in section 3(3) but nowhere has parliament provided that ..... is entitled to enforce the said order of maintenance. ..... is not taken away by the new act and in the absence of any provisions under the new act creating a bar for enforcement of the order passed under section 125 of the cr. p.c. ..... before coming into force of this act, in my opinion, a mohammadan wife who obtained an order of maintenance under section 125 of the cr. p.c. ..... insofar as the latter portion of this order which is not in dispute in this case, this court is also very clear that the right to claim maintenance by a divorced muslim woman is subject to the provisions of the act of 1986. ..... is not ousted where a wife approaches him for grant of maintenance provided the husband has no objection to pass such an order in view of the compliance of section 5 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : I(2001)DMC596; ILR2001KAR403; 2001(4)KarLJ216
..... (c) the petition to enforce the maintenance order granted prior to the coming into force of the act is perfectly maintainable as her rights are crystallized and she gets vested right to recover maintenance from her former husband.24. ..... (3) whether a divorced mohammadan woman can enforce maintenance order granted prior to coming into force of the act 1986?13. ..... insofar as the enforcement of maintenance order under section 125 of the cr. p.c. ..... the petitioner herein filed an application under sections 5 and 7 of the act objecting for enforcement of the order on the ground that the magistrate has no jurisdiction to entertain maintenance petition after coming into force of the act 1986. ..... is entitled to enforce the said order of maintenance.19. ..... is not ousted where a wife approaches him for grant of maintenance provided the husband has no objection to pass such an order provided he files an affidavit or declaration in the court hearing the application, section 5 of the act makes it clear that the intention of the husband to subject himself to the jurisdiction of the magistrate in deciding the application filed under sections 125 to 128 of the cr. p.c. ..... 499 of1996 is filed by the wife assailing the order of the chief judicial magistrate and ii additional district and sessions judge, mysore, who have allowed the maintenance under sections 3 and 4 of the act and dismissing the maintenance petition filed under section 125 of the cr. p.c. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad1015
..... the order of the president, though promulgated with the object of continuing the detention of all persons detained under the maintenance orders and acts of the several states prior to the commencement of ..... the subjects specifically provided for both in the transitory provisions as well as in the long term provisions of the constitution of india, the madras maintenance of public order act, act xxiii of 1949, cannot be deemed to continue in force even after 26-1-1950 and consequently the detention of the petitioner is void as and ..... be to a citizen, the larger interests of the state and the community being more paramount the framers of the constitution envisaged a situation where, in the interests of the maintenance of public order and safety, a citizen's personal liberty may have to be curtailed and consequently introduced article 22(4) giving constitutional recognition to detain a person if the interests of the state required. ..... to understand this guaranty, and the instances in which the citizen is entitled to appeal to the law for its enforcement, we must first have a correct idea of what is understood by personal liberty in the law and inquire what ..... c l r 466 had to decide the question regarding an award made by a commonwealth court, of conciliation and arbitration pursuant to the commonwealth conciliation and arbitration act 1904-1921 and held that the parliament of a state cannot alter the terms of the award, or confer, or impose, on the parties to it rights or obligations .....
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