Some important judgement on Maintenance Section 125 CrPC
Some important judgement on Maintenance Section 125 CrPC
Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”
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Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980
MAINTENANCE TO HUSBAND BY WIFE
How Maintenance to wife is assessed in S.24 HMA
Desertion as a ground for divorce -What to prove?
125 CrPc-How to alter the maintainance
Interim Maintenance-How courts calculate
Interim Maintenance Reduced Judgments
All About Maintenance and Interim Maintainence
LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc
Maintenance u/s125Crpc stopped to wife if she gets job
Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain
No Maintenance u/s Crpc 125 to wife if she deserts hubby without any cause and also earning
Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta & Another
Maintenance not granted as it is proved that wife wants to reside separately.
Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar
Unemployed man can not be forced to pay Maintenance
Sanjay Bhardwaj & Ors. … Versus The State & Anr. .
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
Can magistrate issue conditional warrant of arrest u/s 128 CrPC for recovery of maintenance , when its filed after more than 2 years of order u/s 125 CrPC?
Since provisions come under CrPC 128 CrPC, which does not prescribe any limitation period, neither any limitation prescribed in 468-474 CrPC…The warrant can be issued.
Thanks for the response. But I have doubt that when there is no provision of punishment u/s 128 for non-payment, so only notice or warrant of property attachment may be issued and not arrest warrant. Please clarify.
I AM SUBHAJIT MARIK MY WIFE FILLED 498A CASE TOME AND 125 CRPC MATENANCE CASE RUNNING BUT 1 ST BARRACKPORE DO NOT ORDER INTERIM MAINTENANCE ORDER SUDDENLY 24/08/2015 THE JUDGE DO NOT PRESENT THERE CERTIFIED COPY WRITTEN 3000/- PM ( MAY TO AUGUST 2015) 4 MONTHS BUT I DO NOT UNDER I DEPOSITED IN THE COURT SALARY SLIP 6300/- AND DISCONTINUATION LETTER DEPOSIT IN THE COURT PLEASE REPLY THE FINAL ORDER THE GIVE FOR MAINTENANCE I HAVE NOT AT PRESENT JOB WHAT I DO ?
As far as attachment is concerned that can be done, but when you go in consonance with 125(3) of Cr.pc things will change and the court has powers to do so, apart from that, the part where the court can take assistance of provisions of section 421 of crpc and that also contains provisions for payment and issuing warrants for levy of fine. But so far as 128 is concerned the court may not look into the exact technicalities as you are the judgment debtor,and at the same time it may even allow an amendment within no time to the opposing advocate, if it’s a new petition then you can fight it thoroughly in a tough way and not allow any amendment to be made, but if it’s by way of an application then it’s bound to either get amended or rejected.
see 125(3)-(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
But under s. 125(3) limitation has been prescribed-Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due
Its correct that u/s 125(3), warrant can be issued as there is provision for punishment. But can warrant of arrest be issued when application is filed u/s 128 crpc and not 125(3)? That is the question.
This is quite ambiguous need to research on it, by issuing warrant under 128 after 2 years one can easily bypass 125(3).
That’s why I am also confused.I studied both provisions.IMO, warrant of arrest cannot be issued u/s 128.Some research on it can help several men.
Yes, we need to study judgments where 128 is interpreted, there is a confusion.
I shall do some research and publish the same.
The Honourable Madras HC says and we quote :
“………..A comparison of Sections 125(3) and 128 of Cr.P.C. would keep things beyond any pale of doubt that in so far as the proceeding under Section 125(3) is concerned, the statuete has prescribed a period of limitation of one year, whereas in respect of a proceeding under Section 128 of Cr.P.C., there is no limitation provided at all.
This is because, while exercising the power under Section 125(3) Cr.P.C. the action being essentially a criminal in nature, resulting in punishment of imprisonment, the legislature has perhaps, thought it fit to provide such a period of limitation of one year to file a petition. Since, while enforcing an order under Section 128 of Cr.P.C. for recovery of the amount, there is no question of straight away imposing such a punishment of imprisonment and that may be the reason for the legislature not to provide for such a period of limitation…….”I will find the citation
Thanks for your time and effort. This is important question because most magistrates these days do not follow legal procedures properly.They try to use short cuts.Will take up the matter with HC and SC after clarification.
P.Vaithi vs Kanagavalli on 2 February, 2010
DATED: 02.02.2010
Gone through the judgment. It only clarifies that there is no limitation u/s 128 and not whether warrant of arrest can be issued or not?
Please read it once again it says while enforcing an order under Section 128 of Cr.P.C. for recovery of the amount, there is no question of straight away imposing such a punishment of imprisonment and that may be the reason for the legislature not to provide for such a period of limitation
Yes, you are right.So when there is no provision for imprisonment, then its illegal to issue a conditional warrant of arrest.But its being done by judges.
You can appeal..fit case or file a writ
Can court provide a lady with maintenance under the provisions of protection of women from domestic violence act 2005, when there is decree for restitution of conjugal rights in force against her ?
The Monetary compensation awarded under the DV act is not same as maintenance U/S 125 CrPC…While order of RCR vitiates the order under 125 CrPC as the wife does not left with any cause to live separately, while in the DV act the maintenance is the compensation of domestic violence suffered and it is not a right as in 125 CrPC…
maintenance U/s sec 20 of DV Act is governed by Cr.P.C. vide sec 28(1) of DV Act as also sec 125 of Cr.P.C. therefore two criminal processes cannot go on together on the same incident refer to Amit Shah case.
it would have been much better if you had used Facebook Group with title “Lex Speak” because discussion and attachment of judgements can be done easily there and wider public segment can view the groups than such blogs. Blogs are now passe and FB is an in-thing.
Sir I want to knows how we demand to get family competition government employees because he not give us he is employees police department
Why is it that wives who are educationally more qualified and sit idle claim maintenance under this section? When we talk of women empowerment does it not mean that women are no less then men,then why they beg for money & humilate themselves. Shame on such women. How to save this torture?
Judgement given that the husband who has filed divorce petition has to pay monthly maintenance to his wife and 2 minor daughters from the date of filing of the petition by his wife. Husband is a central govt. employee so the officer is deducted from his salary and sending cheque to the court every month as claimed under E.P. Now wife wants to get back the dowry received by husband. Shall the wife can file another petition in the court or under D.V.A. from Women & Child Welfare Officer who is Protection Officer. Kindly clarify. Thank you very much.
Can a surrogate mother who cannot maintain herself claim for maintenance u/s 125 CrPC from the child begotten by her through traditional surrogacy (partial surrogacy) who is now major and earning? Does the expression “mother” in the section envisages a surrogate mother?
During the pendency of 340crpc in a case of 127crpc,shall r.w
in 128 crpc issue.while recall/revision is pending in Hi ghcourt..
During the pendency of 340crpc in a case of 127crpc,shall r.w
in 128 crpc issue.while recall/revision is pending in Hi ghcourt..
Dear Sir.
If husband is on long leave without salary and not paying interim maintenance to a wife. What shall wife can do, Please give your golden advice.
Dear Sir,
As i am a private service retired citizen person.I am not getting pension.My wife is working in Government Service holder.She is getting salary Rs.80,000=00 per month.Currently i have no any income sources, therefore, i have appealed in High Court for my maintenance under
Hindu Marriage Act 1955 section 24.While the time of argument at he court dtd 27.02.2018,The Division Bench judges had our case rejected ,due to non submission of after retirement getting Provident Fund & Gratuity money Proof.
I wish to know that can i file revision for the same case with proof of Provident fund money & Gratuity fund money ,Which was i received after my retirement ?, Kindly send your valuable advice urgently.Thanking you.
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