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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
D.Vijayakumar – Appellant
Versus
B.Kalaivani – Respondent
| Table of Content |
|---|
| 1. family court's continuing jurisdiction under section 125 cr.p.c. (Para 6 , 7) |
| 2. court's recognition of family court's errors. (Para 8) |
| 3. final orders on petitions and directions for future proceedings. (Para 9 , 10 , 11 , 12 , 13) |
ORDER :
A.D. Jagadish Chandira, J.
These criminal original petitions have been filed seeking to quash the return docket orders, all dated 30.12.2025 passed in M.P.SR.Nos.3489, NIL and 3488 of 2025 respectively in M.C.No.596 of 2022, on the file of the III Additional Family Court, Chennai.
2. Since no order adverse to the interest of the respondents is passed, notice to the respondents in all these petitions is dispensed with.
3. The brief facts are as follows:
3.1 The 1st and 2nd respondents herein are none other than the wife and son of the petitioner and the 1st respondent on her behalf and on behalf of her minor son/the 2nd respondent herein, filed a maintenance petition under Section 125 of the Cr.P.C., seeking to direct the petitioner herein to pay a sum of Rs.35,000/- per month towards maintenance in their favour, by suppressing the fact that 1st respondent has been working as a Teacher in Everwin Matriculation school since 2022 and e
A magistrate has the authority to modify or cancel maintenance orders under Section 125 and 127 of the Cr.P.C. based on changed circumstances, as clarified by the Supreme Court.
The court established that the provisions of Sections 125, 126, and 127 Cr.P.C. allow for the recall and modification of maintenance orders, and that Section 362 Cr.P.C. does not impose a bar on such....
The Family Court has jurisdiction to decide cases under both Section 125 of Cr.P.C. and Section 20 of the Hindu Adoption and Maintenance Act, 1956, and can grant maintenance to an unmarried major dau....
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
Section 125 Cr.P.C. mandates maintenance for wives and children, emphasizing social justice and the husband's obligation to provide financial support.
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
Proceeding under Section 125 of the Cr.P.C. therefore should precede a proceeding under Section 127 of the Cr.P.C.
Children have a statutory and moral obligation to maintain their elderly parents, which cannot be dismissed due to personal financial difficulties.
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