How to defend/fight the application of the wife filed under section 125 of the criminal procedure code?
Section 125(1) of the criminal procedure code is codified for the maintenance to the wife, children’s and parents who are unable to maintain themselves. The proviso has been made in social interest.Procedure under Section 125 of the criminal procedure code is quasi civil quasi criminal in nature and is a summary procedure.
1.
Never
ignore/refuse to receive notice/summons weather it is by post or by police authority
or any other way because if it may returned with remark that, the respondent refused
to receive the notice, the opposite party will get chance to proceed “X” party against
you.
2.
Read the notice and
see if the copy of the application is attached with it or not if any read it carefully.
3.
If you are not capable
to defend the matter in person, think about to appoint the advocate always
choose honest and expert advocate.
4. Never give all the papers to your advocate always keep one Photo copy of every paper in your file. At first don’t give original papers, supply only photo copies. But for producing the documents in court give original copies.
5. Read the application again and again and now read the application of your wife keeping above mentioned points in your mind:-
I.
If your wife is
in service or has any business or ancestral properties or any other income
sources or is well educated try to find out that, weather wife has disclosed these
material facts in her application or has not disclosed if she has not disclosed.
This is your 1st and best defense ground that, wife is not with clean hands.
II.
If she has
admitted her job, income etc in her application. You have good defense that, she
is able to maintain her and therefore is not entitled for the maintenance. This
is your 2nd ground for the defense.
III.
Find out that,
weather wife has filed the application within the jurisdiction of the court,
where she lives or where she lived lastly with you or where you live or where your
marriage was solemnized if not you have defensed that, the court has no jurisdiction
to entertain the application. This is your 3rd ground. ( reference:- section 126
of the criminal procedure code)
IV.
Find out that,
weather the wife has made false, misleading statements in the application if
any note down the material statements and keep always in your mind that, you
have to prove that, these statements are false and misleading. Try to collect evidence
for the same and keep these statements in your mind at the time of wife’s cross-examination
before the court. Give suggestions to your advocate bring out the truth through
wife’s own mouth at the time of cross examination. If you succeeded to bring
out contradictory statements, this may impeach the credit of the wife and she also
may be libel for the procuration for the false evidence. This is your 4th defense
ground
V.
Find out that, if
wife has filed any other proceedings against you obtain the copies of the same
and after comparative study find out that, if she has made any contradictory statements
in another proceedings or has admitted some facts. If she has admitted material
facts you can use these statements as admission in view of section 17and
section 58 r/w sections 31 of the Indian evidence act. And if any contradictory
statements has made use that statements to impeach the credit of the wife in
view of section 155(3) and section 145of the Indian evidence act. This is your
5th ground for the defense.
VI.
Find out that, if
she has stated in her application that, she is not ready to live with you and
she is not interested to live with you then you have best ground for the defense
that, unreasonably your wife has deserted you and therefore she is not entitled
for the maintenance. This is your 6th ground for the defense.
VII.
Find out that, if
wife has made only vague statements and vague allegation against you and against
your family without any details, events, dates or other facts you have ground for
the defense of “Insufficient and vague pleadings” and “allegations are general in
nature”. This is your 7th ground for the defense.
VIII.
If she has
earlier filed maintenance proceedings or has obtained maintenance orders, you
have defensed that, multiple maintenance proceedings are not allowed therefore the
proceeding under section125 may be stayed or quashed. This is your 8th ground for
the defense.
6. File written statement/say with verification and with support of the affidavit. Be careful at the time of filing the written statement, see whether you have drafted the written statement keeping above mentioned points in the mind:-.
A.
Which material facts
have suppressed and has not disclosed by wife in her application.
B.
She is able to
maintain herself.
C.
Her education, profession,
service, business, income, her ancestral properties and weather she is taking any
income/ share from ancestral properties etc.
D.
She has unreasonably
deserted you and you are ready to cohabit with her.
E.
If she is leaving
in adultery. (proof is very necessary otherwise never take this ground it will permanently
close the doors of the justice.)
F.
Reason why she has
filed the false application against you.
G.
All the dependents
on you and all the loans, deductions, compulsory deductions, illness of you and
your family members and spending’s on it.
H.
If maintenance may
be granted you cannot maintain yourself.
I.
State that, if maintenance
may be granted your matrimonial life will break and your wife will never give response
to your request of the cohabitation.
J.
If any interim of
final maintenance has been granted to the wife in another proceeding.
K. If she has filed multiple maintenance proceedings. Multiple maintenance proceedings are not allowed by law.
7. Points for the consideration at the time of cross:-
i.
Enable the wife
to admit her income, business, service educational coalification her ancestral properties
and incomes she getting from her parents.
ii.
Enable the wife to
admit that, she is not ready to cohabit with you.
iii.
Enable the wife to
admit that, she has left your house.
iv.
Enable the wife
to admit that, to make contradictory statements to her statements about cruelty,
ill-treatment, dowry harassments etc.
v.
Enable the wife to
admit that, other family members of your family are depend on you and some members
are old and are sick.
8. Documents
and oral evidence to support your case on above points:-
A.
Salary slips,
Fixed Deposits of the wife, her shares in ancestral property, business, Rt-returns
educational and professional coalification. Documentary and oral evidence can be
leaded to prove the same. Documents can be called by court orders.
B.
Your matrimonial life
was happy and no ill-treatment or harassment has been caused.
C.
She not wishes to
live with you; unreasonably she has left your house.
D.
She is leaving Adultery
(if really is in adultery). Can be proved by oral evidence.
9.Alternative remedies:-
I.
Prefer stay application
to stay the proceeding under section 125, if other proceedings for the maintenance
already has preferred by wife. Case laws to support your application:-
a)
Mumbai High Court
Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra Karmarkar And Another on 17/7/1991.
b) IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 30th August, 2010 Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 % 30.8.2010 Rachna Kathuria … Petitioner Versus Ramesh Kathuria … Respondent
c) Bombay High Court Sangeeta Piyush Raj vs Piyush Chaturbhuj Raj on 13 January, 1998 Equivalent citations: 1998 (3) BomCR 207, II (1998) DMC 443 Bench: M S C.J., R Kochar.
II.
Obtain decree
from the competent civil court for the restitution of the conjugal rights or
decree of divorce on ground of desertion or on ground of adultery. Her application
will be rejected on this ground or if already maintenance has granted it will
be cancelled under section 127 of the criminal procedure code.
10. Effective
argument; points for the arguments:-
a)
She has
unreasonably left the house and has deserted the husband, therefore is not entitled
for the maintenance:-
Case laws on this point for support your argument:-
I.
Rohtash Sigh vs Smt.
Ramendri AIR 2000 SC 952.
II.
SanjaySudhakarBhosale
Versus Khristina w/o Sanjay Bhosale dated 8.4.2008.
III.
Uttaranchal High Court
Smt. Archana Gupta & Another vs Sri Rajeev Gupta & Another on 18 November,
2009.
IV.
Rajasthan High
Court. Bheekha Ram vs Goma Devi And Ors. on 22 January, 1999. Equivalent
citations: 1999 CriLJ 1789. Author: G Gupta. Bench: G Gupta….
b)
She has her business,
service and other income sources, she is well educated and She is capable to maintain
herself:-
Case
laws on this point for support your argument:-
a.
Karnataka High
Court Equivalent citations: AIR 2005 Kant 417, ILR 2005 KAR 4981.
b. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: September 18,2008 CM(M) 949/2008 Manish Kumar …Petitioner Versus Mrs. Pratibha…Respondent.
c. Delhi High Court Kaveri vs Neel Sagar & Anr. on 25 October, 2010.CM(M) 1153/2008 KAVITA PRASAD ….. Petitioner versus RAM ASHRAY PRASAD
c)
She has
suppressed material facts from the court and is playing fraud on court as well is
playing fraud on opponent and she is not with clean hands, therefore she is not
entitled for relief of maintenance or any other reliefs. Person whose case is
based on falsehood can be throughout at any stage of the proceeding and has not
any right to seek any relief from the court.
Case
laws on this point for support your argument:-
I.
Supreme Court of India
S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
II. Court (Appellete Side) Md. Ashiruddin & Anr vs State Of West Begal & Anr on 2
III. Supreme Equivalent citations: 1994 AIR 853, 1994 SCC (1) 1.
IV.
Kolkata High Court
of India G.M. Haryana Roadways vs Jai Bhagwan & Anr on 5 March, 2008.
d)
You are ready to
maintain to her if she lived with you:- Legal provisions to support your argument:-
Section
125(4) and section 125(5) is codified to protect the right of the husband to cohabit
with his wife. At any time you can ask your wife to cohabit with you. If unreasonably
she refused, she is not entitled to maintenance. Even after the maintenance order
you can give offer to your wife to live with you and if your wife unreasonably
refused to co habit with you her maintenance order may be cancelled. Section
125(5) is codified as above:- “On proof that any wife in whose favor an order has
been made under this section is living in adultery, or that without sufficient reason
she refuses to live with her husband, or that they are living separately by mutual
consent, the Magistrate shall cancel the order”.
Section
125(4) is codified as above:-
“No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”
Other options:-
If your wife obtained order of interim maintenance or final maintenance by playing fraud on court you may prefer application, suit, revision, writ etc. to cancel the order or declare that, the order is nullity.
Case laws for support:-
i.
Supreme Court of India
A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors on 7 March, 2007.
ii.
Delhi High Court Manmohan
Singh Dhaliwal vs Gurbax Singh Arora And Ors. on 2 November, 2001 Equivalent
citations: 94 (2001) DLT 820, 2002 (61) DRJ 801.
** Insolvent person may file
proceeding for the declaration that, “He is insolvent person”. After declaration
JMFC or any other court has no jurisdiction to order to pay maintenance to the wife
or recover the maintenance already granted.
Some Landmark Judgments
125 CrPC cannot be filed
twice, only 127 CrPC is allowed. (High Court Gujrat), Bench Hbl J. M. R. Shah, Order
on 30-08-2011, Cr RA/69/2011 8/8, Revision Appeal No. 69 of 2011, Chauhan
Anjanaben Jayantibhai Vs Chauhan Kanaiyalal Mohanlal.(Chauhan vs Chauhan)
No Multiple maintenances are
allowed. (High Court Gujrat), Bench Hbl J. Akhil Kureshi, order on 21-10-2010,
Special Appeal No. 2080 of 2010, SCR. A/2080/2010, 2/2, Hemlataben Maheshbhai Chauhan
Vs State of Gujarat.
Multiple petitions of maintenance
are not allowed. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order on
30-08-10, Crl. M. C. No. 130/2010 and Crl. M. A. No. 504/2010, Rachna Kathuria
vs Ramesh Kathuria. Citation No. 173 (2010) DLT 289.
Double Jeopardy. Same relief
of maintenance cannot be asked twice in two different courts. Litigant cannot ride
two horses. (High Court Mumbai), Bench Hbl B. Wahane, J. Order on 17-07-1991.
Ravindra Haribhau Karmarkar Vs Mrs. Shaila R. Karmarkar. Citation No. 1992 Cri LJ
1845.
Separate income of wife can
be taken in to account in determining the amount of maintenance payable to her.
(Supreme Court), Bench Hbl JJ. Sarkaria R. Singh, Chandrachud Y.V., Gupta A.C.,
Order on 17-10-1974, Bhagwan Dutt Vs Kamla Devi and Ors. Citation Nos. 1975 AIR
83; 1975 SCR (2) 483; 1975 SCC (2) 386; Citator R 1986 SC 984 (5), R 1987 SC 1100
(5).
No parallel 125CrPC and DVA for
maintenance. (High Court Delhi), Bench Hbl J. Shiv Narayan Dhingra, order on
22-09-2010, Crl. R. P. No. 633 of 2010, Crl M. A. No. 15451/ 2010, Renu Mittal
Vs Anil Mittal & Ors. Citation No. 173 (2010) DLT 269.
Interim maintenance increase
illegal. (Supreme Court), Bench Hbl JJ. B.N. Agarwal and G. S. Singhvi, Order on
23-02-2009, Civil Appeal No. 1163/2009, SLP
(C) No. 16742 of 2006,
Sanjeev Gupta Vs Salini Gupta. Citation No. 2009 INSC 390 (23 February 2009); II
(2012 DMC 705.
Claim of high status of
husband is not sufficient for interim maintenance. (High Court Delhi), Bench Hbl
J. Shiv Narayan Dhigra, order on 01-09-2010, Crl M. C. No. 4066 of 2009 and Crl.
M. A. No. 13807 of 2009, Amit Khanna Vs Priyanka Khanna.
Interim Maintenance cannot be
increased based on husband salary hike. (High Court Mumbai), Bench Hbl R. S. Dalvi,
J. order 26-02-2010, W. P. No. 6686 of 2009, Ritula Singh Vs Lt. Col. Rajeswar Singh.
Children can claim maintenance
from mother. Punishment awarded U/s 193 IPC to wife for providing false
evidence to the court. (High Court Delhi), Hbl J. Dr.S. Murlidharan, order on
23-03-2009, Crl. M. C. 1130/2008 & Crl. M. A. 4231/ 2008, Jagdish Prasad Vs
State of NCT Delhi & Ors.
Maintenance arrears of one year
only from the date of filing the petition. (High Court AP), Hbl D.J. Raju, J.,
order on 31 March 1984, Jangam Srinivasa Rao Vs Jangam Rajeswari & ors. Citation
No. 1990 Cri LJ 2506.
Take EMI into consideration in
maintenance and reduced maintenance. (Supreme Court), Hbl A. Kabir and C.
Joseph, JJ., order on 28-08-2009, Crl Appeal No. 879 of 2009, Arising on SLP ( Crl.)
No. 7503 of 2008, SLP (Crl.) No. 7924 of 2008, Bhushan Kumar Meen Vs Mansi Meen
@ Harpreet Kaur. Citation Nos. (2010) 15 SCC 372 A; (2010) 15 SCC 372 B.
Wife cannot take advantage of
two orders of maintenance passed by civil as well as criminal court. (HC
Maharastra), Bench Hbl R. Lodha J., order on 13-09-1995, Gomaji Vs Smt. Yasoda &
Ors. Citation No. 1(1996) DMC 487; II (1996) DMC 469.
Working wife no maintenance
in HMA 24, 125 CrPC only for child. (Supreme Court), Bench Hbl JJ. T.
Chatterjee and H. Dattu, order on 23 March 2009, Civil Appeal Nos. 1789-1790 of
2009, SLP (C) Nos. 24589-24590 of 2007, Anu Kaul Vs Rajeev Kaul. Citation Nos. (2009)
INSC 582 (23 March 2009); (2009) 13 SCC 209.
Meaning of unable to maintain
in 125 CrPC and grounds for maintenance. (Supreme Court), Bench Hbl J. Dr.
Arijit Pasayat, order on 27-11-2007, Appeal Cr. 1627 of 2007 arising on SLP No.
(Crl.) 4379 of 2006, Chaturbhuj Vs Sita bai. Citation Nos. (2008) 2 SCC 316; AIR
2008 SC 530; 2008 (I0 KLT 41 (SC).
Maintenance awarded in two sections
is offset. (HC Punjab and Haryana), Coram Mr. J. S. D. Anand, order on
23-02-2010, Civil revision No. 2427 of 2009, Gian Chand Vs Dilpreet Kaur.
Liability of maintenance of
children is co-extensive in 2:1 when both parents are working. (Supreme Court),
Bench Hbl J. D. P. Wadhwa, order 28-03-2000, AIR 2000
SC 1398, I (200) DMC 621, 2000
II OLR SC 85, Padmja Sharma Vs Ratan Lal
Sharma. Citation No. (2000) 4
SCC 266.
Meaning to unable to
maintenance. (Supreme Court), Bench, Hbl P. Sathasivam, J, .order 20 July 2011,
Civil Appeal Nos. 5831-5833 of 2011, Arising SLP (C) Nos. 20518-20520 of 2009,
Vinny Parmar Vs Paramvir. Citation No. AIR 2011 SC 2748; (2011) 7 SCALE 741.
No maintenance to earning spouse.
(HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 18-09-2008, CM (M) 949/ 08, Manish
Kumar Vs Pratibha.
No maintenance if wife lies. (SC),
Bench Hbl JJ.. G. S. Singhvi and Ashok Kumar Ganguli, order on 03-12-2009,
Civil Appeal No. 5239 of 2009, Dalip Singh Vs State of Up and Ors. Citation No.
(2010) 2 SCC 114.
Reduced interim maintenance.
(SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising
SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No.
AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC).
Wife is not entitled to
maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed
& D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15,
2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000)
3 SCC 180; JT 2000 (2) SC 553.
Maintenance not granted as it
is proved that wife wants to reside separately. No maintenance to deserting
wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 - 02-2004, Crl. Revision
No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.
Husband can get PF details of
wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof
M.M. Ansari, order on 10 Jan 2008.
Wife guilty of contempt of
court, maintenance denied with cost. (HC Delhi), Hbl
J. S. N. Dhingra, order on 25-01-2010,
Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.
Children have to maintain
their parents. (High Court Gujrat), Hbl J. Akhil Kureshi, order on 09-02-2011, CR
RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors.
Conditions when maintenance
to be paid. (High Court Delhi), Mr. Pradeep Nandrajog J., order reserved on 02-04-2007,
order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation
No. 2007 (96) DRJ 115.
All states amends in Sec 125
CrPC is invalid. (SC), Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11
Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs
Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520.
Wife should clear that she is
unable to maintain her. No maintenance to enable wife who deserted her husband.
(High Court Karnataka), Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs
Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980
(2) Kar LJ 158.
Maintenance on actual earning.
(High Court Delhi), Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008,
order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant
Vs Anita. Citation No. 154 (2008) DLT 505.
Maintenance denied for
working wife. (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002,
Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760.
No maintenance for capable and
working wife. (High Court Maharastra), Hbl J. C. Chitre J., order on
24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457;
II (2000) DMC 170.
No maintenance to earning wife,
only to children. (High Court Karnataka), Hbl K. Manjunath J., order on
22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev.
No Maintenance to working
wife in 125 CrPC. (High Court Madras), Hbl P. Sathasivam J., order on
21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212;
I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002.
No Maintenance to wife, but only
to child. (HC Mumbai), Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No.
20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra.
Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374.
No Maintenance to capable
wife. (HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 10-09-2008, CM (M) No. 539
of 2008, Vijay Kumar Vs Harsh Lata Aggarwal.
No maintenance U/s 125 CrPC
when wife deserts hubby without cause and also she is earning. No Maintenance to
capable wife, but only to child and no maintenance to wife living in adultery.
(HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of
2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.
Wife should clear that she is
unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on
25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ
1664.
No Maintenance if wife is
working. (HC Uttaranchal), Hbl J. Dharamveer, order on 25-10-2010, Crl Rev. No.
88 of 2002, Vikas Jain Vs Deepali @ Ayushi. Citation No. LAWS (UTN) 2010-1-36.
Wife living separate troubled
in family no maintenance. (HC Madras), Hbl J. P. R. Shiva Kumar, order on
22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003
Mad 212; I (2003) DMC 799; (2003) I MLJ 752.
No maintenance to wife who
left her husband. (HC Mumbai), Hbl V. R. Kingaonkar J., order on 08-04-2008, Cri
R.A. 226 of 2002, Sanjay Sudhkar Bhosle Vs Khristina. Citation No. 2008 (2) Bom.
C.R. (Cri) 467.
No maintenance to deserted wife
who denied to live with husband. (HC Gujarat), Hbl G. L. Gupta J., order on
22-01-1999, Crl. Rev. No. 179 of 1997, Crl P. C. 2 of 1974 S. 125, Bheeka Ram Vs
Goma Devi & Ors.Citation No. 1999 CRLJ 1789.
No alimony to wife who deserted
her husband. (HC Punjab and Haryana), Hbl Mohinder Pal J., order on 19-03-2009,
Crl Misc No. M-24684 of 2008 (O&M), Poonam Vs Mahender Kumar.
Husband parent’s property
should not be counted in maintenance. (High Court Delhi), Hbl J. Aruna Suresh, order
on 02-07-2010, CM (M) No. 1045 of 2008 and C M No. 13003 of 2008, Sushila Devi
Vs Joginder Kumar.
Permanent alimony cancelled. (HC
Mumbai), Hbl JJ. A. P. Despande and Smt. R.
P. Sondurbaldota, order on 08-04-2010,
Appeal No. 116 of 2002, Family Court 47/ 2002, Arun Kashinath Despande Vs Inumati
R. Deo.
Wife deserted her husband, no
maintenance. (HC Mumbai), Hbl R. S. Mohite J. , order on 04-02-2005, Meena Dinesh
Parmar Vs Dinesh H. Parmar. Citation Nos. AIR 2005 Bom 298; 2005 (4) Bom CR 672;
2005 (2) Mh LJ 305.
Wife living separate without reason
no maintenance. (HC Kerala), Hbl M. Sashidharan Nambiar J., order on
03-12-2010, Crl MC No. 1893 of 2006, Manoshanthi & Ors Vs Ramachandran &
State.
Wife living separate from husband
not entitled for maintenance. (HC Delhi), Hbl
J. Shiv Narayan Dhingra, order
on 27-08-2010, Crl M C No. 491 of 2009, Sanjay Bhardwaj Vs State & Anr. Citation
No. 2010 (118) DRJ 385.
Qualified wife should work
for maintenance. (HC Delhi), Hbl J. Shiv Narayan Dhingra, order on 01-10-2008, CM
(M) 1153 of 2008 (DEL) , Kavita Prasad Vs Ram Ashrey Prasad.
125 CrPC is Civil in Nature. (Supreme
Court), Hbl Dr. Arijit Pasayat J., order on 05-06-2007, Appeal (Crl.) 795 of
2001, Iqbal Bano Vs State of UP & Ors. Citation Nos. AIR 2007 SC 2215;
(2007) 6 SCC 785; 2007 AIR SWC 3880; (2007) 3 SCC (Cri) 258; Cr LR (SC) 554.
NBW cannot be issued for
nonpayment of maintenance. (HC Kerala), Hbl J. Sashidharan Nambiar, order on 10-12-2010,
Crl MC No. 4843 of 2010, Shanvas Vs Raseena & State of Kerala.
Magistrate can grant interim
maintenance. (Supreme Court), Bench Hbl JJ. Venkataramiah E.S.T., Mishra R.B., order
on 09-10-1985, Savitri Vs Govind Singh Rawat. Citation Nos. 1986 AIR SC 984; 1985
SCC (4) 337; 1985 SCALE (2) 697.
Wife’s property, income
sources must be considered in CrPC 125. Also the order of maintenance if made to
pay from date of application, need not record the reason for doing so. In general
it is payable from date of order. (SC) Hbl C.K. Thakker, and D.
K. Jain , JJ. Order on 28 July
2008, Civil Appeal No. 4666 of 2008, Shail Kumari Devi & Anr Vs Krishan
Bhagwan Pathak @ Kishun B. Pathak. Citation No. AIR 2008 SC 3006; (2008) 9 SCC 632;
2008 (3) ALT (Crl) 171 (SC).
No maintenance in the
Domestic Violence Act 2005, 125 CrPC is applicable. (HC Bombay), Nagpur Hbl M.
L. Tahaliyani J. , Order on May 05, 2014. WP No. 32 of 2014, Koushik Vs Sau Sangeeta
Koushik and Ors.
Wife fined 2 Lakhs wrt DV Act
proceedings for “making mockery of the judicial process”, Contempt and for
suppression of facts. (HC Delhi), Hbl J. Vipin Sanghi, reserved on 20-12-2011
Order on 21-02-2012, CONT, CAS (C) 815/2011 and C.M. No. 20360/2011, Douglas Breckenridge
Vs Jhilmil Breckenridge.
Maintenance in 125 CrPC from
the date of order. (HC Calcutta), Hbl J, Ashim Kumar Roy, Order on 05-03-2010, C.R.R.
No. 257 of 2005, Sudarshan Agarwal Vs The State of West Bengal & Anr. Citation
No. LS/Cal 2010/265.
Not doing cross examination
of other witness on one pretext to other, punished with cost of Rs. 25,000/-
with warning. (HC Delhi), Hbl, J, S.N. Dhingra, Order on March 09, 2010, CM (M)
No. 496/2009, Rampyari & Ors. Vs Ms. Kamlesh.
Steps made for the trial
Courts while dealing with the civil trials. Punishment imposed Rs. 2 Lakhs on producing
false documents, concealment of the facts and false & fabricated frivolous
litigation to get wrongdoers benefits. (SC), Hbl JJ, Dalveer Bhandari and
Deepak Verma, date of Order July, 4, 2011, Civil Appeal Nos. 4912 -4913 of 2011,
Arising SLP (C) Nos. 3157-31-58 of 2011, Ramrameshwari Devi and Ors. Vs Nirmala
Devi and Ors. Citation Nos. (2011) 8 SCC 249; 2011(6) SCALE 677; JT 2011 (8) SC
90; 2011 AIR SCW 4000; 2011 (4) Supreme 625.
HC on double jeopardy, Article
20(2) of Constitution of India specifies that a person once trialed for an
offence cannot be made to trial for same or some other offence on same set of
fact and for same cause of actions. The same is termed as Double Jeopardy in
criminal cases and Section 300 covers it in civil cases. (HC Madras) Madurai
Bench, Coram Hbl J, V. Periya Karuppiah, date of Order 28/04/2009, Crl.O.P.(MD)
No.11066 of 2008 and M.P.(MD) No.1 of 2009, K. Kamala & Anr. Vs M.Parimala &
Ors. Citation No. 2009 (3) MLJ (Crl) 450.
No alimony to wife who
deserted her husband. (SC) Uphold decision of HC Punjab and Haryana. Revision
petition Dismissed. Hbl JJ V. S. Sirpurkar and Sudarshan Reddy, Order on 16-11-2009,
SPL CRL MP No (s) 18899, Poonam Vs Mahender Kumar.
Wife shall be entitled to
claim maintenance under one of the two orders of the Magistrate under Section
125 CrPC and the District Judge, under Section 24 HMA Act respectively and it
would be for her to choose as to which of the two orders she wants to enforce. (
HC Haryana and Punjab). Hbl G.S. Chahal, Order on 25-09-1991, Paramjit Kaur Vs Surinder
Singh. Citation No. (1992) 101 PLR 155.
This reasoning of the learned
Chief Justice appeals to us.
We are concerned with the
Code which is complete on the topic and any defence against and order passed under
section 125 Crl.P.C. must be founded on a provision in the Code. Section 125
CrPC is a provisionto protect the weaker of the two parties, namely, the
neglected wife. If an order for maintenance has been made against the deserter
it will operate until vacated or altered in terms of the provisions of the Code
itself. If the husband has a case under Section 125 (4) (5) or section 127 of
the Code it is open to him to initiate appropriate proceedings.
But until the original order for
maintenance is modified or cancelled by a higher Court or is varied or vacated
in terms of section 125 (4) or (5) or section 127, its validity survives. It is
enforceable and no plea that there has been cohabitation in interregnum or that
there has been a compromise between the parties can hold good as a valid defence.
(SC) Bench Hbl JJ Krishna Iyer , V.R., Shingal, P.N., and Sen, A.P., Review Petition
No. 95 of 1978; Order on 13-11-1978.
Bhupinder Singh Vs Daljit Kaur.
Citation No. 1979 AIR 442, 1979 SCR (2) 292, 1979
SCC (3) 352
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