Maintenance

Section 125 CrPC – Can A Mother Seek Maintenance From Her Children Instead Of Seeking It From Husband?

Under Section 125 CrPC, a Magistrate can pass a maintainence order against a person having sufficient means neglects or refuses to maintain; The question is whether a wife can choose to seek maintenance from her major son instead of seeking it from her husband? If we read Section 125 CrPC, we can see that maintenance …

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Supreme Court Guidelines For Maintenance Cases [Rajnesh vs Neha]

In Rajnesh vs Neha, [AIR 2021 SC 569 : (2021) 2 SCC 324], the Supreme Court issued the following directions in exercise of its powers under Article 142 of the Constitution of India: (a) Issue of overlapping jurisdiction To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, it …

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S 125 CrPC – Maintainence Petition Against Father In Law

In Sadashiv vs Vijayalaxmi , a widow filed a petition under Section 125 of Cr.P.C. against her father-in-law for maintenance and the same was allowed by the Family Court. Allowing the appeal, the Karnataka High Court observed that the maintenance petition against the father-in-law is not maintainable. It referred to the following observations made in an earlier decision in …

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S 125 CrPC – Maintenance Petition Filed After Mutual Consent Divorce

Is Section 125 CrPC maintenance petition filed after a mutual consent divorce + final settlement maintainable? Section 125(4) provides that no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living …

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