AI Overview...
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Petitioner Presence Not Required in Maintenance Proceedings - In cases under Section 125 CrPC, the presence of the petitioner is not mandatory for the court to proceed with the case. Proceedings can be conducted based on the application and evidence submitted, even if the petitioner does not appear in person Abid Ali etc. VS Mst. Raisa Begum etc. - Rajasthan.
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Legal Provisions and Coexistence with Act of 1986 - The Supreme Court has clarified that Section 125 CrPC and the Muslim Women (Protection of Rights on Divorce) Act, 1986, cannot coexist in a manner that creates conflicting rights. Specifically, a Muslim divorced woman’s right to maintenance under Section 125 is preserved, and her petition can proceed without her physical presence, provided the statutory requirements are met Abid Ali etc. VS Mst. Raisa Begum etc. - Rajasthan.
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Procedure and Evidence Recording - Under Section 126 CrPC, evidence in maintenance cases is to be recorded in the presence of the respondent, but the petitioner’s presence is not necessarily required for the proceedings to be valid. The court can record evidence and pass orders based on the available record and submissions PARMAR CHIMANBHAI GHEMABHAI VS PASIBEN D/o. PARMAR GHEMABHAI HARIBHAI - Gujarat.
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Recovery and Enforcement - Orders for recovery of maintenance can be enforced from the estate of the deceased or through other legal means without the petitioner’s continuous presence. The court’s primary concern is the proper recording of evidence and adherence to procedural requirements, not the petitioner’s personal appearance Tara Devi VS Kumari Uma Devi - Himachal Pradesh.
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Revision and Interlocutory Orders - Revision petitions against interlocutory orders in maintenance cases are permissible, but challenges against procedural orders are limited to specific provisions, such as the second proviso of Section 125, CrPC. The petitioner’s presence is not always necessary at the stage of filing such revisions Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma VS State of Bihar - Patna.
Analysis and Conclusion:
The overarching principle across these sources is that under Section 125 CrPC, the petitioner’s physical presence is not a strict requirement for the initiation or continuation of maintenance proceedings. Courts focus on the submission of applications, proper recording of evidence, and compliance with procedural rules. This facilitates the effective enforcement of maintenance rights, especially in cases involving divorced Muslim women or where the petitioner is unable to appear personally. The legal framework ensures that proceedings can be conducted fairly without mandating the petitioner’s presence at every stage, provided procedural safeguards are observed Abid Ali etc. VS Mst. Raisa Begum etc. - Rajasthan, PARMAR CHIMANBHAI GHEMABHAI VS PASIBEN D/o. PARMAR GHEMABHAI HARIBHAI - Gujarat, Tara Devi VS Kumari Uma Devi - Himachal Pradesh.
References:
- Abid Ali etc. VS Mst. Raisa Begum etc. - Rajasthan
- PARMAR CHIMANBHAI GHEMABHAI VS PASIBEN D/o. PARMAR GHEMABHAI HARIBHAI - Gujarat
- Tara Devi VS Kumari Uma Devi - Himachal Pradesh
- Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma VS State of Bihar - Patna
Search Results for "For Filling Recovery Petition under Section 125 Crpc Petitioner Presence is Not Required"
2019 0 Supreme(HP) 494 • India - Himachal Pradesh
ANOOP CHITKARA
Maintenance - Recovery from Estate of Deceased Father - Section 125 of Cr.P.C. - 128 Fact of the Case: The case involved ... Final Decision: The court dismissed the petition and upheld the orders for the recovery of maintenance from the estate of ... The children sought relief under Section 128 of Cr.P.C. as the father did not pay the maintenance during his lifetime. ... 488, Criminal Procedure Code, 1973 and tha....
• India - Crimes
JAWAD RAHIM
There is, therefore, legal permissibility for proceeding with a petition under Section 125 of CrPC by a Muslim divorced woman. ... under Section 125 of Cr. ... Criminal Procedure Code, 1973—Section 125—Muslim Women (Protection of Rights on Divorce) Act, 1986—Section 3(2)—Divorced Muslim Woman—Right ... Thus, she was financially in a better position compared to the him and hence, petitio....
2001 0 Supreme(MP) 227 • India - Madhya Pradesh
BHAWANI SINGH, ARUN MISHRA
RECOVERY - MAINTENANCE - Section 125 (3) of the Code of Criminal Procedure, 1973 - [125 (3)] Fact of the Case: The ... Issues: Interpretation of the limitation provision under Section 125 (3) of the Code of Criminal Procedure, 1973 and the necessity ... of filing separate applications for recovery of future maintenance amount during the pendency of recovery proceedings. ... The petitio....
1987 0 Supreme(Raj) 938 • India - Rajasthan
N.M.KASLIWAL, FAROOQ HASAN
Whether the provisions of the Act of 1986 and Section 125, CrPC can coexist, or whether the Act of 1986 impliedly repeals Section ... The Court interpreted the provisions of the Act of 1986 and Section 125, CrPC, and concluded that they cannot coexist. ... The Court held that Section 125, CrPC, insofar as it creates a right for a Muslim divorced woman to receive maintenance from her ... Raisa bearing date 24-4-1984....
1994 0 Supreme(Mad) 1079 • India - Madras
RENGASAMY
Fact of the Case: The petitioner, a Muslim woman, filed a petition under Section 125 of the Code of Criminal Procedure ... CrPC, as required under Section 5 of the Act, 1986. ... On revision, the Sessions Court set aside the Magistrate's order, holding that the petition was not maintainable in view of Sections ... the date of the commencement of the Act, the petition filed unde....
• India - Gauhati High Court - Principal Seat at Guwahati
MR. JUSTICE SOUMITRA SAIKIA, J
(A) Code of Criminal Procedure, 1973 - Sections 125 and 127 - Petition for quashing maintenance order - The petitioner (husband) ... ... ... Result: The revision petition is dismissed; the lower court's order is upheld. ... (Paras 17-19) ... ... Facts of the case: ... The petitioner sought to quash the Sessions Court's ... The grounds urged in the petition filed under Section 127 by the husband (petitioner h....
2019 0 Supreme(Pat) 2113 • India - Patna
HEMANT KUMAR SRIVASTAVA, PARTHA SARTHY
only against interlocutory order and not against intermediate order – Second proviso of Section 125 of Code of Criminal Procedure ... , as to regularity of such proceeding – Revision petition can be filed against order of Family Court passed under Chapter IX of Code ... of Section 125 of Code of Criminal Procedure by Family Court cannot be challenged under Section 482 of Code of Criminal Procedure....
2014 4 Supreme 129 • India - Supreme Court
K.S.RADHAKRISHNAN, JAGDISH SINGH KHEHAR
– Section 125, 128, 357, 421 ... not complying with orders – Neither furnishing required details nor refunding/depositing money with SEBI – Merely raising technicalities ... procedure whereunder a person can be subjected to arrest and detention for the satisfaction of a fine or compensation (i.e., for the recovery ... This Court passed the following order on 26.2.2014, to enforce the presence of the petitioner Mr. ... No. 1, Surinder Singh, was sent to jail in exercis....
2018 Supreme(Online)(Bom) 1364 • India - High Court of Bombay
SMT. ANUJA PRABHUDESSAI, J
Section 12 is required to be recorded in presence of the Respondent in a manner prescribed for summons case. ... The brief facts leading to this Petition are as under:- Cr.P.C . and thus, record evidence in presence of the parties. It is however to be noted that Sub Section (2) of Section 126 provides that evidence in proceedings under Section 125 shall be taken in presence of the person against ....
1978 0 Supreme(Guj) 16 • India - Gujarat
A.M.AHMADI
As the impugned order of maintenance was passed following an inquiry held in the presence ... In response to the summons served on the husband he entered an appearance through an advocate and obtained time for filing his written statement challenging the averments made in the petition by his wife. ... In that case also the notice required the husband to appear either in person or through his pleader to show cause why the maintenance claimed by the wife should not be granted. ... any part of each months ....
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