AI Overview...
-
Maintenance Rights of Wife - Section 125 CrPC affirms that a wife is entitled to maintenance, especially in cases involving mental cruelty or neglect by the husband. Notable judgments emphasize that calling the wife kept or subjecting her to mental cruelty entitles her to claim maintenance Chitra Lekha Banerjee VS Rana Banerjee - Calcutta.
-
Procedure and Eligibility - The application under Section 125 CrPC can be filed during pendency of other proceedings, with courts exercising discretion on interim maintenance. The law applies to all women, including Muslim women under the Muslim Women (Protection of Rights on Divorce) Act, 1986, which does not bar maintenance claims under Section 125 RISWANA BEGUM VS A MLV. MOTIULLAH - Orissa, Jumana Bai VS Mushtaq Ali - Madhya Pradesh.
-
Liability of Husband - Section 125 CrPC covers maintenance of wives and minor children within Hindu undivided families, and the liability of the Karta (manager) extends to mentally retarded family members. The scope includes both physical and mental incapacity, emphasizing that even a mentally retarded husband can be liable for maintenance Radhey Shyam VS Meera Devi - Rajasthan, Radhey Shyam VS Meera Devi - Rajasthan.
-
Entitlement of Step-Mothers - Courts have recognized that step-mothers can claim maintenance under Section 125 CrPC if they are unable to maintain themselves, highlighting the broad interpretation of wife for maintenance purposes Kaushalya Devi VS Anil Kumar Agrawal - Patna, Kaushalya Devi VS Anil Kumar Agrawal - Patna.
-
Repeal and Exceptions - Certain provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, have clarified that specific rights under Section 125 CrPC may be affected or repealed, but generally, maintenance claims remain valid unless explicitly barred Mahaboob Khan VS Parveen Banu - Bombay, Mahaboobkhan @ Babu s/o Faizullakhan VS Parveenbanu d/o Mohammed Abdul Rauf & another - Bombay.
Analysis and Conclusion:
Section 125 CrPC is a landmark provision ensuring maintenance for wives, minor children, and certain other dependents, including step-mothers and mentally incapacitated persons. The jurisprudence underscores that mental cruelty, neglect, or incapacity significantly influence maintenance rights. The law's broad interpretation aims to protect vulnerable women and dependents, with notable judgments reinforcing their entitlement across different contexts, including Muslim personal law and family structures.
Search Results for "125 Crpc Famous Judgment"
1991 0 Supreme(Cal) 284 • India - Calcutta
S.P.Rajkhowa
TO MENTAL CRUELTY - WIFE ENTITLED TO MAINTENANCE UNDER SECTION 125 CRPC. ... MAINTENANCE - SECTION 125 CRPC - 125(1)(a) - WIFE ENTITLED TO MAINTENANCE - MENTAL CRUELTY - HUSBAND CALLING WIFE AS 'KEPT' AMOUNTS ... Fact of the Case: Wife filed an application under Section 125 Cr. ... Chitralekha Banerjee filed the application Under Section 125 Cr. ... This reminds me of a world famous painting under the title "Th....
1988 0 Supreme(Ori) 84 • India - Orissa
G.B.PATNAIK
Procedure (CrPC) while her application under Section 125 of the CrPC was pending. ... TO 128 OF CODE OF CRIMINAL PROCEDURE, 1973 - EXERCISE OF OPTION - TIME AND MANNER - SECTION 125 OF CODE OF CRIMINAL PROCEDURE - ... Fact of the Case: A Muslim woman filed an application for interim maintenance under Section 125 of the Code of Criminal ... JUDGMENT : ... G.B. ... The provisions of Section 125 of the Cod....
1996 0 Supreme(Raj) 744 • India - Rajasthan
M.A.A.KHAN
LIABILITY OF HUSBAND - DISTINCTION - APPLICABILITY OF SECTION 125, CRPC. ... MAINTENANCE - SECTION 125, CRPC - HINDU UNDIVIDED FAMILY - MAINTENANCE OF WIFE AND MINOR CHILD - LIABILITY OF KARTA - PERSONAL ... Whether a mentally retarded husband can be held liable to maintain his wife and minor child Under Section 125, CrPC? ... Judgment ... M.A.A. Khan, J.-Since, both these Revision Petitions Under Section 397, CrPC arise out of the same order of the....
2008 0 Supreme(MP) 582 • India - Madhya Pradesh
S.R.WAGHMARE
Criminal P.c., 1973 -- S. 125 -- Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Ss. 3 and 4 -- muslim lady -- can seek ... maintenance from her husband under S. 125 of the Code -- provisions of Act apply only to divorced muslim lady. 2000 (4) MPLJ 62 ... 6 ... naM izfdz;k lafgrk] 1973 && /kkjk 125 ... Thus, under the circumstances the judgment of the revisional Court is set aside and that the judgment of the trial Court is restored. ... Hence, the view expressed by the apex Court as well a....
1996 0 Supreme(Raj) 740 • India - Rajasthan
M.A.A.KHAN
WIFE AND MINOR CHILD - SCOPE AND APPLICABILITY OF SECTION 125, CRPC - INTERPRETATION AND ANALYSIS. ... MAINTENANCE - SECTION 125, CRPC - HINDU UNDIVIDED FAMILY - LIABILITY OF KARTA TO MAINTAIN MENTALLY RETARDED COPARCENER AND HIS ... Meera Devi and her minor son Satyanarain filed an application Under Section 125, CrPC for grant of maintenance from Ram Avtar, her ... Judgment ... M.A.A. Khan, J.-Since, both these Revision Petitions Under Section 397, CrPC#HL....
1996 0 Supreme(Pat) 715 • India - Patna
S.K.CHATTOPADHYAYA
MAINTENANCE - STEP MOTHER - SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 - INTERPRETATION - STEP MOTHER ENTITLED TO MAINTENANCE ... Issues: Whether a step mother is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. ... Fact of the Case: The petitioner, a step mother, filed an application under Section 125 of the Code of Criminal Procedure ... In the famous case of Sahabano Begum , while considering the point as to whether a d....
1996 0 Supreme(Pat) 487 • India - Patna
S.K.CHATTOPADHYAYA
MAINTENANCE - STEP MOTHER - SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 - INTERPRETATION - STEP MOTHER ENTITLED TO MAINTENANCE ... Issues: Whether a step mother is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. ... Fact of the Case: The petitioner, a step mother, filed an application under Section 125 of the Code of Criminal Procedure ... Office is directed to send a copy of this judgment to the court below forthwith. ......
1988 0 Supreme(Bom) 150 • India - Bombay
V.A.MOHTA
It is of extreme relevance to notice that neither the order passed under section 125 Cr. ... Section 7 thus envisages complete effacement of the right and remedy under section 125 Cr. ... Cr. ... Soundness of this view was doubted by a Division Bench when the famous matter of Mohd. Ahmed Khan v. Shah Bano Begum and others3, came up for hearing before the said Bench. ... JUDGMENT ... V.A. Mohta, J. - In the Muslim Women (Protection of Rights on Divorce) Act, 1986....
1987 0 Supreme(Ori) 233 • India - Orissa
K.P.MOHAPATRA
Whether the Petitioner was entitled to maintenance under Section 125 of the Code of Criminal Procedure? ... MAINTENANCE - SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE - FACTUM OF MARRIAGE - PROOF - CUSTOMARY MARRIAGE PERFORMED INSIDE ... The court further held that the Petitioner was entitled to maintenance under Section 125 of the Code of Criminal Procedure as she ... JUDGMENT : ... K.P. Mohapatra, J. - The Petitioner has challenged the order passed by the learned S....
1988 0 Supreme(Bom) 153 • India - Bombay
V.A.MOHTA
can be no question of enforcing the same under sub-section (3) of Section 125, Criminal Procedure Code. ... of Rights on Divorce) Act on 19th May, 1986, Section 125 or 127, Criminal Procedure Code stand repealed-Order passed under Section ... It is pertinent to notice that no excention about sub-section (3) of Section 125, Criminal Procedure Code has been made in Section ... Soundness of this view was doubted by a Division Bench when the famous matter of (Moh. Ahmed K....
Filter by Legal Phrase
