interim order in 125 Cr P C case though wife has having some income claimed by husband

Hemlataben Hirenkumar Bhaidasna VS Hiren Manilal Bhaidasna - 01 Jan 09

India - Gujarat

has seen the light of this Court room, as two different orders passed by lower Court viz., order passed below Application in Hindu ... of calculating the amount of arrears and payable to the petitioner-wife as interim maintenance in the proceeding between the parties ... to the trial Court again that she may file a formal application to get the expenses in the proceedings initiated by her husband, ... As in earlier orders, petitioner-wife was not awarded any maintenance of previous period though the same was claimed by her and the ... wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses ... The learned Judge has not discussed in detailed about the income of the husband and has also not assigned reasons as to why the income

Malladi Vidyaranya VS Malladi Laxmi Tripura Sundari - 10 Nov 89

India - Andhra Pradesh

HINDU MARRIAGE ACT, Sec. 24 and Civil Procedure Code, Sec. 151 - Petition by wife Claiming maintenance from husband - Interim maintenance ... In this case since the marriage is admitted and both husband and wife are living separately and when the Court comes to the conclusion ... The power to make an interim order is implicit and inbuilt in the grant of main relief. ... That is a case arising under Section 125 Cr. P. C. ... under section 125 Cr. ... "the Supreme Court has accepted in principle that even though there is no provision in the Code of Criminal Procedure for granting

Shailender Attri VS Kavita Sharma - 17 May 13

India - Himachal Pradesh

Ratio Decidendi: The court held that the mere fact of a pre-existing order of maintenance under Section 125 of the Cr. ... , while clarifying that the amount awarded under Section 125 of the Cr. ... in 2002 and had a daughter in 2003. ... In these circumstances, the respondent-wife has claimed Rs. 30,000/- from the husband to mitigate the day-to-day expenses. ... Section 125 of the Cr. ... In this case since the wife has no income of her own, it is the obligation of the husband to maintain her and her two unmarried daughters

VIMAL MARY JOSE vs SHAJI JACOB - 14 Aug 14

India - Kerala

Fact of the Case: The case involves a petition for interim maintenance under Section 125 of the Code of Criminal Procedure ... , where the respondent wife claims maintenance due to pregnancy and inability to support herself, while the husband contests this ... enjoyed during marriage, and the considerations for interim maintenance for a pregnant wife. ... from the date of order in favour of the wife payable by the husband. ... only less income, not so much income as claimed by the petitioner in the lower court. ... and while they were living together, the petitioner in that case has become pregnant and thereafter, there was some misunderstanding

KAMAL SINGH vs KANTA BANGARI - 12 Dec 23

India - Delhi

Marriage Act, 1955, as she has some source of income and is capable of working. ... The respondent/wife has definitely some source of income which can be inferred from the fact that her monthly expenditure is Rs.40,000 ... /- per month which is being incurred by her; there has to be some source of money disclosed from where she is meeting her monthly ... respondent/wife doing independent work and having some source of income. ... she, in fact, was also having an independent income and has been earning by doing business. ... or in addition to an order of maintenance under Section 125 of Cr.P.C., 1973 or any other

KUTTAPPAN VS THANKA - 08 Aug 85

India - Kerala

that the matrimonial court could not have passed an order under S.24 of the Act in view of the order of maintenance passed by the ... Ratio Decidendi: The court held that the fact that an order has been passed under S.125 of the Code does not take away the ... : The court discussed S.125 of the Code of Criminal Procedure, 1973, which deals with the passing of an order for maintenance of ... It is open to the wife or the husband, having no independent income sufficient for support and necessary expenses of the proceedings ... In some cases it may be open to a wife to have recourse to either of the said provisions for receiving maintenance from her husband ... Before order is passed, Criminal court must be satisfied that the wife is unable to maintain herself and the husband has sufficient

Parchuri Rajya Lakshmir VS Parchuri Viswa Sankara Prasad - 16 Jan 95

India - Andhra Pradesh

and expenses in a restitution of conjugal rights petition filed by the husband. ... The trial court granted interim maintenance at Rs. 150 per month from 1-12-1990, though the application was filed in February 1985 ... Fact of the Case: Wife filed an application under Section 24 of the Hindu Marriage Act, 1955, for interim maintenance ... Act as claimed by the wife. ... the income thereon, the sum of Rs. 200/- per month claimed by the wife as interim alimony till the disposal of the O. ... filed under Section 125, Cr.

LAXMIBAI VS AYODHYA PRASAD ALIAS RAMADHAR - 25 Jan 90

India - Madhya Pradesh

24-expression ‘wife and husband’-means person claiming to be wife or husband. ... (I) Hindu Marriage Act, 1955-S.s. 24, 11 and 5 (i)-marriage void being second marriage-interim maintenance and ... litigation expenses may still be claimed-summary enquiry may be held ... & ... ... ( 13 ) KEEPING in view that S. 125 of the Cr. P. ... the wife or the husband as the case may be, has no independent income sufficient for her or his support and the necessary expenses ... At the first stage when an interim relief is claimed by the party in a suit or action in a Court of law, the Court is required to

Megha Alias Meghana W/o Sunil Kuradekar Vs Sunil S/o Dasharath Kuradekar - 20 Feb 25

India - Karnataka

(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance - The petitioner sought enhancement of interim maintenance from ... has a legal obligation to maintain his wife, and the amount should be just and reasonable considering the husband's income and the ... Rs.5,000/- to Rs.30,000/- p.m. - The husband, an able-bodied Constable in the Indian Army, earns Rs.78,367/- p.m. - The court emphasized ... In the instant case, the petitioner has filed the case under Section 125 CrPC, 1973 for grant of maintenance as she does not know ... The purport of Section 125 of the Cr.P.C., is elucidated by the Apex Court in the case of ANJU GARG AND ANOTHER v. ... There can be no shadow of doubt that an order under Section 125 CrPC can be passed if a person despite having sufficient

Rippal Harbanslal Suneja VS Vibhuti Rippal Suneja - 11 Oct 17

India - Bombay

Fact of the Case: The Petitioner-husband challenged the order of the Family Court directing him to pay interim maintenance ... The wife had filed for divorce and claimed interim maintenance under Section 24 of the Hindu Marriage Act, 1955. ... It also noted that the wife had left her job long back and had no source of income. ... In this case, the application for interim alimony filed by the wife was resisted by the husband on the ground that she is an educated ... However, some of these expenses are, though claimed to be per month, they appear to be once in a year. ... By the said order, the Petitioner-husband is directed to pay an amount of Rs.30,000/- per month as interim maintenance to the Respondent-wife

Chitra Srinivasan VS R. Srinivasan - 18 Dec 03

India - Madras

No costs were awarded in the circumstances of the case. ... Maintenance - Interim Maintenance - Hindu Marriage Act, 1955 - Section 24 Fact of the Case: The petitioner sought ... The court dismissed the civil revision petition and confirmed the interim maintenance order. ... : No ground to refuse maintenance - Section 125, Criminal Procedure Code speaks of inability of wife to maintain herself - It does ... 24 does not say that the interim alimony will not be granted to the wife in a case where the husband is a physically handicapped ... opposing this petition filed by the husband and in such circumstances, the husband having filed the petition for divorce, ought

Kuttappan VS Thanka - 08 Aug 85

India - Crimes

Criminal Procedure Code, Section 125 and Hindu Marriage Act, Section 24 - In 1979 Chief Judicial Magistrate fixed the amount of maintenance ... criminal court under section 125 of Criminal Procedure Code, matrimonial court could not have passed order under section 24 of the ... of the wife and of three children - Afterward husband filed application for divorce -Then wife's application under section 24 of ... In some cases it may be open to a wife to have recourse to either of the said provisions for receiving maintenance from her husband ... In M C. 2/1979 on the file of the Chief Judicial Magistrate, Trichur, order was passed under section 125 of the Code of Criminal ... Before order is passed criminal court must be satisfied that the wife is unable to maintain herself and the husband has sufficient

Sandeep Kumar VS Nanko Devi alias Rekha - 19 Mar 21

India - Himachal Pradesh

proceedings. – Held, Material available no record reveals that though the respondent No.1/wife claimed that the petitioner earns ... by learned trial Court has been enhanced to Rs. 3,000/- and Rs. 2,000/-, petitioner-husband has approached this Court in instant ... the Act, has been allowed and interim maintenance of Rs. 2,000/- and Rs.1,000/- awarded in favour of respondents Nos. 1 and 2 respectively ... 125 CrPC is a measure of social justice and is specially enacted to protect women and children and as noted by this Court in Captain ... Material available no record reveals that though the respondent No.1/wife claimed that the petitioner earns Rs. 50,000/- on account ... , for wife’s right to receive maintenance under Section 125 CrPC, unless disqualified, is an absolute right.

Parchuri Rajya Lakshmi VS Parchuri Viswa Sankara Prasad - 14 Dec 94

India - Andhra Pradesh

expenses to the wife in an application filed by the husband under Section 9 of that Act for restitution of conjugal rights, survives ... The wife challenged the order in a revision petition. ... maintenance and litigation expenses in a restitution of conjugal rights petition filed by the husband. ... the income thereon, the sum of Rs. 200/- per month claimed by the wife as interim alimony till the disposal of the O. ... the Act as claimed by the wife. ... the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses

Uday Nayak VS Anita Nayak - 24 Nov 22

India - Crimes

his wife – It becomes necessary for petitioner to maintain his wife by paying interim maintenance – No fault can be found with order ... 20 – Interim maintenance – Grant of interim maintenance of Rs.30,000/- per month to wife/respondent – In light of overlapping of ... of Cr.P.C. – There is no bar to seek maintenance both under DV Act and under Section 125 of Cr.P.C. or under Hindu Marriage Act ... He further submitted that though the respondent has a party plot, the same having been closed, he has no source of income. ... Court and the income of the husband is noticed and the fact that the wife has resigned her job and is residing in Mangalore is also ... Court has no hesitation in holding that though the respondent had sufficient source of income and was able-bodied, had failed and

VIJAYARANI vs MANOHARAN - 01 Feb 12

India - Kerala

Ratio Decidendi: In maintenance proceedings under Section 125 Cr.P.C., only prima facie proof of marriage is required. ... Fact of the Case: The first petitioner claimed maintenance after the respondent allegedly deserted her and their child ... Maintenance - Family Law - Criminal Procedure Code Section 125 - This section provides a mechanism for maintenance for wives and ... Magistrate has to find, in a proceeding under S.125 Cr.P.C., is whether there was some marriage ceremony between the parties, whether ... However, in the meanwhile it is only just and reasonable to order interim maintenance to the petitioners in order to avoid destitution ... Though the circumstances obtained in that case were different, the law laid down is applicable to this case also.

2020 Ambarish Gajendra Mahapatra Vs Smriti Maity (Gajendra Mahapatra) For the Petitioner : Mr. Arindam Jana, Mr. S. Chatterjee. For the Opposite Party : None. He - 04 Jan 23

India - Calcutta

The Court has to determine whether the income of the wife is sufficient to enable her to maintain herself, in accordance with the ... MAINTENANCE - INTERIM MAINTENANCE - QUANTUM - WIFE - CHILD - ENHANCEMENT - SUSPENSION Fact of the Case: The petitioner ... husband challenged the order of the Session Court, Purba Medinipur, which modified the order of the Judicial Magistrate, 1st Court ... Case No. 433 of 2016 in a proceeding under Section 125 Code of Criminal Procedure, 1973. ... An order of interim maintenance is conditional on the circumstance that the wife or husband who makes a claim has no independent ... interim order passed by the Learned J.M., 1st Court, Tamluk is interlocutory in nature and modified that order under Section 397

Rashmi Tripathi VS State Of U. P. - 25 Jul 19

India - Allahabad

of Cr.P.C. and emphasized the obligation of the husband to maintain his wife and children, irrespective of his income. ... Fact of the Case: The wife and son of respondent no.2 filed an application claiming maintenance under Section 125 of ... It emphasized the obligation of the husband to provide adequate maintenance to the wife and children, irrespective of his income. ... In the case of sufficient income on the part of the husband, he has to pay interim maintenance to his wife and children as per standard ... In the instant case, the petitioner has filed the case under Section 125 Cr.P.C., 1973 for grant of maintenance as she does not know ... Therefore, every final order under Section 125 Cr.P.C.

Vejendla Sugunamma, Guntur VS Vejendla Irmeiah, Guntur, Rep PP. - 15 Apr 21

India - Andhra Pradesh

play and that is where obligations of husband in case of a wife become a prominent one - In a proceeding of this nature husband ... elaboration that findings recorded by learned Additional Sessions Judge touching capacity of the wife to earn and income from property ... home for reasons provided in provision so that some suitable arrangements can be made by court and she can sustain herself and also ... In the instant case, the petitioner has filed the case under Section 125 Cr.P.C., 1973 for grant of maintenance as she does not know ... An order of interim maintenance is conditional on the circumstance that the wife or husband who makes a claim has no independent ... not require financial assistance from the husband, the Hon’ble Apex Court held that merely because the wife was earning some income

Aditya Narain Mangla VS State of Uttar Pradesh - 30 Jul 19

India - Allahabad

Fact of the Case: The revisionist challenged the order granting interim maintenance to the respondent and ... The court also found that the revisionist, who was earning a substantial income, had the obligation to maintain his wife and children ... The court also held that the revisionist, who was earning a substantial income, had the obligation to maintain his wife and children ... In the case of sufficient income on the part of the husband, he has to pay interim maintenance to his wife and children as per standard ... In the instant case, the petitioner has filed the case under Section 125 Cr.P.C., 1973 for grant of maintenance as she does not know ... By one way or the other, the revisionist is avoiding to pay the interim maintenance and even though the interim order has not been

Searched Results

Hemlataben Hirenkumar Bhaidasna VS Hiren Manilal Bhaidasna - 01 Jan 09

Malladi Vidyaranya VS Malladi Laxmi Tripura Sundari - 10 Nov 89

Shailender Attri VS Kavita Sharma - 17 May 13

VIMAL MARY JOSE vs SHAJI JACOB - 14 Aug 14

KAMAL SINGH vs KANTA BANGARI - 12 Dec 23

KUTTAPPAN VS THANKA - 08 Aug 85

Parchuri Rajya Lakshmir VS Parchuri Viswa Sankara Prasad - 16 Jan 95

LAXMIBAI VS AYODHYA PRASAD ALIAS RAMADHAR - 25 Jan 90

Megha Alias Meghana W/o Sunil Kuradekar Vs Sunil S/o Dasharath Kuradekar - 20 Feb 25

Rippal Harbanslal Suneja VS Vibhuti Rippal Suneja - 11 Oct 17

Chitra Srinivasan VS R. Srinivasan - 18 Dec 03

Kuttappan VS Thanka - 08 Aug 85

Sandeep Kumar VS Nanko Devi alias Rekha - 19 Mar 21

Parchuri Rajya Lakshmi VS Parchuri Viswa Sankara Prasad - 14 Dec 94

Uday Nayak VS Anita Nayak - 24 Nov 22

VIJAYARANI vs MANOHARAN - 01 Feb 12

2020 Ambarish Gajendra Mahapatra Vs Smriti Maity (Gajendra Mahapatra) For the Petitioner : Mr. Arindam Jana, Mr. S. Chatterjee. For the Opposite Party : None. He - 04 Jan 23

Rashmi Tripathi VS State Of U. P. - 25 Jul 19

Vejendla Sugunamma, Guntur VS Vejendla Irmeiah, Guntur, Rep PP. - 15 Apr 21

Aditya Narain Mangla VS State of Uttar Pradesh - 30 Jul 19