AI Overview...
- Section 125 Cr.P.C. - Main Points and Insights
- Section 125 of the Criminal Procedure Code, 1973, provides a summary and straightforward mechanism for claiming maintenance for wives, children, and certain other dependents. It is designed to prevent vagrancy and destitution by ensuring that a wife or minor children are maintained by their husband or guardian CHANDRAWATI TIWARI VS SRIKANT TIWARI - Uttarakhand, Matapher VS State of U. P. - Allahabad.
- An application under Section 125 can be filed orally or in writing before the Magistrate, and the court is directed to expedite such proceedings, emphasizing the summary nature of the process CHANDRAWATI TIWARI VS SRIKANT TIWARI - Uttarakhand.
- The section applies to Muslim women as well, with specific provisions under the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring maintenance during the Iddat period even after divorce SAJANBEE w/o KHAJAMIYA SHAIKH VS KHAJAMIYA s/o MUSASAHEB SHAIKH - Bombay.
- The law recognizes that even if a woman is divorced during the pendency of the application, she remains entitled to maintenance if the conditions are met SAJANBEE w/o KHAJAMIYA SHAIKH VS KHAJAMIYA s/o MUSASAHEB SHAIKH - Bombay.
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The section does not require detailed evidence at the initial stage; prima facie proof suffices for maintenance orders, highlighting its summary and protective intent Matapher VS State of U. P. - Crimes.
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Legal Proceedings and Court Directions
- Courts often direct the Family Court or Magistrate to expedite hearing and disposal of maintenance applications under Section 125 CHANDRAWATI TIWARI VS SRIKANT TIWARI - Uttarakhand.
- Transfer of applications under Section 125 between courts is permissible but requires valid grounds; courts have dismissed transfer petitions based on residence or logistical reasons Prabhjot Singh VS Manjit Kaur - Punjab and Haryana.
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Courts have also dealt with issues of maintenance quantum, reduction, or enhancement, emphasizing the need for a fair assessment but also noting the summary nature of proceedings Matapher VS State of U. P. - Crimes.
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Implications and Practical Aspects
- The proceedings under Section 125 are summary, aimed at providing immediate relief rather than detailed adjudication on all merits.
- The section is applicable to various personal circumstances, including desertion, divorce, or inability to maintain oneself, with courts examining the facts to grant or deny maintenance Om Prakash Veshnav VS Vidhya Veshnav - Rajasthan, Bindu Devi VS Vinod Kumar - Himachal Pradesh.
- The law ensures that the maintenance order is enforceable and that failure to comply can lead to further legal consequences.
Analysis and Conclusion Section 125 Cr.P.C. is a vital legal provision ensuring financial support to women and children in distress, characterized by its summary, accessible, and protective nature. It applies broadly, including to Muslim women under specific statutes, and courts are mandated to expedite proceedings to prevent hardship. The process emphasizes prima facie evidence and swift relief, with courts exercising discretion in transfer and quantum considerations to serve justice efficiently CHANDRAWATI TIWARI VS SRIKANT TIWARI - Uttarakhand, Matapher VS State of U. P. - Allahabad, Matapher VS State of U. P. - Crimes.
References: - Criminal Procedure Code, 1973, Sec. 125 CHANDRAWATI TIWARI VS SRIKANT TIWARI - Uttarakhand - Muslim Women (Protection of Rights on Divorce) Act, 1986, Sec. 4 SAJANBEE w/o KHAJAMIYA SHAIKH VS KHAJAMIYA s/o MUSASAHEB SHAIKH - Bombay - Various case summaries and legal discussions on maintenance proceedings under Sec. 125 Cr.P.C.
Search Results for "Oral Application under 125 Crpc"
2015 0 Supreme(UK) 25 • India - Uttarakhand
SUDHANSHU DHULIA
Criminal Procedure Code, 1973, Sec. 125 — An application under by the wife/petitioner for maintenance — Directions to the Family ... Court, to expedite the hearing on the original application u/s 125, Cr.P.C. of the petitioner, which is pending before it — Further ... & iRuh@;kphdÙkkZ }kjk Hkj.k iks”k.k HkÙks ds fy, vkosnu & ifjokj U;k;ky; ftlds le{k okLrfod /kkjk 125, Cr.P.C. ... (Oral) ... 1. An application u....
2006 0 Supreme(Bom) 710 • India - Bombay
S.P.KUKDAY
Criminal Procedure Code, 1973 - Section 125 Muslim Woman Act, Section 4 Maintenance to Muslim woman. ... Section 125, Cr PC from date of filing of petition till period of Iddat. ... Though a muslim woman divorced during pendency of petition under Section 125, Cr PC, even then she is entitled to maintenance under ... ORAL JUDGMENT : - The petitioner filed Application under section 125 of the Code of Criminal Procedure, 1973 (in short "Cr.P.....
2011 0 Supreme(Raj) 537 • India - Rajasthan
R.S.CHAUHAN
Cr.P.C., 1973, Sec. 125(4) — Husband claimed benefit of Sec. 125(4) Cr.P.C. — Ground of desertion — Physical separation and intention ... (4) Cr.P.C. cannot be given to the husband. ... cruelty, who has to face the prospect of living with another woman in the house, can not expected to cohabit — Benefit of Sec. 125 ... Unable to maintain herself, the respondent-wife had filed an application under Section 125 Cr.P.C. After going thro....
1995 0 Supreme(Bom) 254 • India - Bombay
N.P.CHAPALGAONKER
under section 125 of the Code of Criminal Procedure, 1973 against her husband Sk. ... Issues: Whether the Magistrate erred in dismissing the application for maintenance without recording evidence. ... The husband claimed that he had divorced Mehtabbi on 23.12.1988 and, therefore, the application was not maintainable in view of the ... :---Mehtabbi and her minor daughter aged 5 filed an application under section 125 of the Code of Criminal Procedure, 1973 against her ....
2016 0 Supreme(Bom) 1532 • India - Bombay
RAVINDRA V.GHUGE
Maintenance - Criminal Procedure Code - Section 125 - [Section 125 of the Code of Criminal Procedure] - The court discussed the ... Fact of the Case: The Respondents sought maintenance from the Petitioner under Section 125 of the Code of Criminal ... He submits that the Respondents had moved an application under Section 125 of the Code of Criminal Procedure seeking maintenance from the Petitioner. The oral and d....
• India - Current Civil Cases
U.C DHYANI
Criminal Procedure Code, 1973—Sections 125, 127—Application for grant for monthly maintenance allowance filed by applicant against ... her husband—Allowed by Family Court directing husband to pay a sum of Rs.1,000 as monthly maintenance allowance to wife—Application ... JUDGMENT (ORAL.) ... U.C. Dhyani, J.— An application under Section 125 of Cr.P.C. for grant of monthly maintenance allowance was filed by the applicant (respondent No.2 herein) agains....
2023 0 Supreme(P&H) 530 • India - Punjab and Haryana
TRIBHUVAN DAHIYA
Transfer of Application - Section 125 Cr.P.C. - The court dismissed the petition for transfer of application under Section 125 ... Cr.P.C. ... Cr.P.C. from Tarn Taran to Kapurthala, holding that the petitioner's residence and responsibilities were not sufficient grounds ... (Oral) - Delay condoned. 2. This is a petition for transfer of application under Section 125 Cr.P.C., i.e., MNT 125....
2017 0 Supreme(HP) 1274 • India - Himachal Pradesh
SURESHWAR THAKUR
Bindu Devi filed an application under Section 125 Cr.P.C. claiming maintenance for herself and her minor son. ... The Magistrate allowed the application, but the Additional Sessions Judge set aside the order. The wife appealed to the court. ... Section 125 Cr.P.C. - Maintenance - 4, 5 - The court discussed the provisions of sub-sections 4 and 5 of Section 125 Cr.P.C., ... (Oral) - One Smt. Bindu Devi instituted an applicat....
• India - Crimes
SURENDRA SINGH I
considered as excessive vis-à-vis monthly pension of revisionist rather it is on lower side – Trial court has rightly rejected his application ... Criminal Procedure Code, 1973 – Sections 125 and 127 – Maintenance – Reduction in quantum – Proceeding u ... /s 125 Cr.P.C. is summary in nature in which only prima facie it has to be seen that applicant is wife of opposite party – It is ... Durga Devi in her application u/s 125 Cr.P.C. as well as her #HL_....
2024 0 Supreme(All) 532 • India - Allahabad
SURENDRA SINGH I
Maintenance - Family Law - 125 Cr.P.C., 127 Cr.P.C. - 125 Cr.P.C., 127 Cr.P.C. - Summary of Acts and Sections ... Case No. 02 of 2020, filed under Section 125 Cr.P.C. and Section 127 Cr.P.C. ... : Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave ... Durga Devi in her application u/s 125#HL_....
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