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    • Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?
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Section 125 CrPC

Case BriefsHigh Courts

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA? All HC decides

Allahabad High Court: Syed Aftab Husain Rizvi, J., addressed a revision petition filed by the husband who claimed that the Family Court

Published on January 24, 2022January 29, 2022By Bhumika Indulia
1 Comment11420 views
Case BriefsHigh Courts

“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the

Published on December 23, 2021December 31, 2021By Bhumika Indulia
Leave a comment5240 views
Case BriefsHigh Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Published on December 23, 2021December 31, 2021By Bhumika Indulia
Leave a comment5275 views
High Court Round UpLegal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Published on November 30, 2021December 1, 2021By Bhumika Indulia
Leave a comment3762 views
Case BriefsHigh Courts

Where can a petition under S. 125 CrPC be filed? Del HC discusses law on territorial jurisdiction

Delhi High Court: Subramonium Prasad, J., reiterated the law relating to the territorial jurisdiction of the court to entertain a petition under

Published on November 17, 2021November 26, 2021By Bhumika Indulia
3 Comments17277 views
Case BriefsHigh Courts

Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides

Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125

Published on November 15, 2021November 19, 2021By Bhumika Indulia
Leave a comment8315 views
Case BriefsHigh Courts

Maintenance & Overlapping Jurisdiction | Maintenance can be claimed under DV Act even if already granted under S. 125 CrPC: Del HC reiterates

Delhi High Court: Amit Bansal, J., reversed the order of the trial court as it dismissed the application filed by the petitioner

Published on November 3, 2021November 30, 2021By Bhumika Indulia
Leave a comment16182 views
Case BriefsHigh Courts

Del HC | Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself

Delhi High Court: Expressing that husband must also carry the financial burden of making certain that his children are capable of attaining

Published on October 11, 2021October 15, 2021By Bhumika Indulia
4 Comments7001 views
Case BriefsHigh Courts

HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof

Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,

Published on September 22, 2021September 30, 2021By Editor_4
Leave a comment4126 views
Case BriefsHigh Courts

Daughter turning major, will not be entitled to maintenance from father? Andhra Pradesh HC explains the law

Andhra Pradesh High Court: While explaining the law on whether father is obligated to provide maintenance to his daughter irrespective of the

Published on September 20, 2021September 23, 2021By Bhumika Indulia
2 Comments8715 views
Case BriefsSupreme Court

SC allows reduction in sentence under S. 498-A IPC if husband pays Rs 3 lakh compensation to wife, children

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. agreed to reduce the sentence of the appellant−husband convicted

Published on September 4, 2021September 9, 2021By Editor_4
Leave a comment4395 views
Case BriefsHigh Courts

Del HC | Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code

Delhi High Court: Prathiba M. Singh, J., held that, “…relegating parties to customary Courts when they themselves admit that they are following

Published on July 30, 2021August 6, 2021By Bhumika Indulia
2 Comments10384 views
Case BriefsHigh Courts

Delhi HC decides that Father’s obligation to maintain a child cannot end once he/she turns 18 years of age. Read why

Delhi High Court: Subramonium Prasad, J., while allowing in part the revision petition filed challenging the Family Court’s maintenance order made a

Published on June 22, 2021June 25, 2021By Bhumika Indulia
Leave a comment8474 views
Case BriefsHigh Courts

Del HC | Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter

Delhi High Court: Subramonium Prasad, J., while addressing a revision petition in regard to maintenance of wife, held that Magazine covers are

Published on June 1, 2021June 4, 2021By Bhumika Indulia
Leave a comment4373 views
Case BriefsHigh Courts

Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son

Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance

Published on March 25, 2021April 8, 2021By Bhumika Indulia
Leave a comment4905 views
Case BriefsHigh Courts

All HC | Rent Allowance vis-a-vis Maintenance Allowance: Whether under S. 125 CrPC, rent allowance is included under maintenance allowance? Read to know

Allahabad High Court: Suresh Kumar Gupta, J., while addressing an issue with maintenance allowance determined a very significant point of whether rent

Published on March 5, 2021March 12, 2021By Bhumika Indulia
Leave a comment5778 views
Case BriefsHigh Courts

Ker HC | If a neglected wife is being maintained by her eldest son, would that exempt the husband from his liability to maintain the wife under S. 125 CrPC? HC explains

Kerala High Court: Mary Joseph, J., while addressing an issue of maintenance under Section 125 of Criminal Procedure Code, 1973, expressed that

Published on March 4, 2021March 4, 2021By Bhumika Indulia
1 Comment3762 views
Case BriefsHigh Courts

Madras HC | Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision

Madras High Court: K. Murali Shankar, J., addressed the issue with regard to payment of maintenance, whether from the date of application

Published on February 24, 2021March 5, 2021By Bhumika Indulia
1 Comment6478 views
Case BriefsHigh Courts

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as

Published on January 25, 2021January 25, 2021By Bhumika Indulia
Leave a comment12696 views
Case BriefsHigh Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Published on January 13, 2021April 2, 2021By Bhumika Indulia
Leave a comment8661 views

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