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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

Del HC | Wife can claim monetary relief under S. 20 of Domestic Violence Act in addition to maintenance under S. 125 CrPC; trial court order holding contrary set aside

Delhi High Court: Sanjeev Sachdeva, J., reiterated that proceedings under the Protection of Women from Domestic Violence Act, 2005 and under Section 125

Published on April 18, 2019April 19, 2019By Bhumika Indulia
1 Comment17062 views
Case BriefsHigh Courts

Del HC | Trial Court can award maintenance under S. 125 CrPC on basis of admissions on record, proving factum of marriage in every case not necessary

Delhi High Court: Sanjeev Sachdeva, J.dismissed a petition filed against the order of the trial court whereby it had recalled its earlier order

Published on April 12, 2019April 18, 2019By Bhumika Indulia
Leave a comment3901 views
Case BriefsHigh Courts

Del HC | Maintenance under S. 125 CrPC to be ordinarily awarded from date of application; award from date of order is exception

Delhi High Court: Sanjeev Sachdeva, J., modified the trial court’s order awarding maintenance to the petitioner-wife and directed the respondent-husband to the pay

Published on April 6, 2019April 9, 2019By Bhumika Indulia
Leave a comment7471 views
Case BriefsHigh Courts

Del HC | Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC

Delhi High Court: Sanjeev Sachdeva, J. disposed of a petition filed in a matrimonial dispute by allowing the petitioner (wife) to prove additional

Published on February 25, 2019February 27, 2019By Bhumika Indulia
3 Comments8509 views
Case BriefsHigh Courts

Del HC | Wife can maintain S. 125 CrPC application even at a place where she is residing for time-being

Delhi High Court: The Bench of Sanjeev Sachdeva, J. dismissed a revision petition filed by the husband against the judgment of the trial

Published on January 23, 2019January 28, 2019By Bhumika Indulia
Leave a comment10470 views
Case BriefsHigh Courts

Del HC | Order rejecting Section 125 CrPC application on basis of detectives’s report quashed

Delhi High Court: The Bench of Sanjeev Sachdeva, J. directed the parties to appear before the trial court for fresh consideration of an

Published on January 19, 2019January 22, 2019By Bhumika Indulia
Leave a comment6066 views
Case BriefsHigh Courts

P&H HC | Transfer Petition under Section 9 of Hindu Marriage Act allowed in light of socio-economic difficulties faced by wife

Punjab and Haryana High Court: The Bench of H.S. Madaan, J., allowed an application seeking transfer of Petition under Section 9 of

Published on January 16, 2019January 21, 2019By Bhumika Indulia
Leave a comment7740 views
Case BriefsHigh Courts

Del HC | Wife not entitled to maintenance under Section 125 CrPC for period prior to grant of divorce if decree passed on ground of desertion

Delhi High Court: The Bench of Sanjeev Sachdeva, J. disposed of a petition holding that the petitioner (wife) was not entitled to maintenance

Published on January 16, 2019January 18, 2019By Bhumika Indulia
4 Comments18418 views
Case BriefsHigh Courts

Delhi HC | Conclusive proof of marriage cannot be made basis to repel order of DNA testing for purpose of Section 125 CrPC

Delhi High Court: The Bench of Sunil Gaur, J. upheld the order of the trial court directing DNA testing of the petitioner. DNA

Published on January 15, 2019January 17, 2019By Bhumika Indulia
Leave a comment6110 views
Law made Easy

Maintenance – Children and Parents

[Disclaimer: This note is for general information only. It is NOT to be substituted for legal advice or taken as legal advice.

Published on January 10, 2019May 15, 2019By Bhumika Indulia
13 Comments62942 views
Law made Easy

Maintenance – Wife

[Disclaimer: This note is for general information only. It is NOT to be substituted for legal advice or taken as legal advice.

Published on January 4, 2019May 10, 2021By Bhumika Indulia
17 Comments59720 views
Case BriefsHigh Courts

Agreement wherein wife relinquish her right to maintenance is unenforceable: Bombay HC

Bombay High Court: A Single Judge Bench comprising of M.S. Sonak, J. held in a petition by relying on several decisions that,

Published on December 27, 2018January 2, 2019By Bhumika Indulia
1 Comment9942 views
Case BriefsHigh Courts

Ker HC | Wife cannot be denied maintenance on the sole ground that she is qualified and can maintain herself

Kerala High Court: A Single Judge Bench comprising of Raja Vijayaraghavan V, J. set aside an order of Family Court refusing maintenance

Published on December 19, 2018January 18, 2019By Bhumika Indulia
1 Comment12904 views
Case BriefsSupreme Court

Proceedings under Section 125 CrPC summary in nature; no strict proof of marriage required: SC

“When the parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance

Published on October 26, 2018October 29, 2018By Bhumika Indulia
Leave a comment12762 views
Case BriefsHigh Courts

Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts

Uttaranchal High Court: A Division bench comprising of Rajiv Sharma and Alok Singh, JJ. dismissed an appeal filed against the judgment of

Published on October 3, 2018October 4, 2018By Bhumika Indulia
3 Comments6137 views
Case BriefsSupreme Court

FIR lodged on mere basis of taking revenge against wife’s maintenance petition, liable to be quashed: SC

“Classic case of taking revenge by the husband against the wife on being aggrieved by the maintenance petition filed.” Supreme Court: The

Published on September 3, 2018September 7, 2018By Bhumika Indulia
Leave a comment4208 views
Case BriefsHigh Courts

Wife divorced on grounds of desertion entitled to claim maintenance under Section 125 CrPC; husband’s challenge to award of maintenance dismissed

Bombay High Court: A Single Judge Bench comprising of Mangesh S. Patil, J. dismissed a husband’s challenge to the award of compensation

Published on August 28, 2018August 30, 2018By Bhumika Indulia
Leave a comment7237 views
Case BriefsHigh Courts

Under Section 125 CrPC, it is to be seen whether husband neglected the wife and refused to maintain her

Karnataka High Court: A Single Judge Bench comprising of K.N. Phaneendra, J., dismissed a petition preferred against the Order passed by the

Published on May 15, 2018June 19, 2018By Saba
Leave a comment8142 views
Case BriefsHigh Courts

Section 125 CrPC also extends to partners of a live-in relationship

Punjab and Haryana High Court: While determining whether a live-in partner would be entitled to maintenance under Section 125 of Code of

Published on December 29, 2016February 27, 2017By Saba
1 Comment24371 views

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