web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 125(3) – No Automatic Arrest on Failure To Pay Maintenance

Sachin Vs Sau. Sushma on 6 May, 2014

Posted on July 26, 2018 by ShadesOfKnife

Hon’ble High Court of Bombay in this judgment for recovering maintenance amount, has held that

From Para 5,

Therefore, it is abundantly clear that basically the learned Magistrate has to follow the procedure laid down in the Code of Criminal Procedure for recovery of maintenance either final or interim. Subsection (2) of Section 28 of the Protection of Women from Domestic Violence Act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the Protection of Women from Domestic Violence Act, 2005. If the procedure is available in Code of Criminal Procedure, that is necessarily to be followed.

From Para 9,

As such the first option available to the Magistrate was to issue a warrant for levying fine. If whole of the amount was recovered by adopting the procedure under Section 421 of the Code of Criminal Procedure, the question of putting the defaulter in prison did not arise. In case amount was not recovered or part of it was recovered and part of it was not recovered, then the question would have arisen as to how much sentence should be imposed on the defaulter as per the provision laid down in the Code of Criminal Procedure. The stage of issuing warrant comes only after sentencing and not before that.

Sachin Vs Sau. Sushma on 6 May, 2014
Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 421 - Warrant for levy of fine CrPC 482 - Quash Follow CrPC 421 For Maintenance Recovery Landmark Case Legal Procedure Explained - Interpretation of Statutes No Automatic Arrest Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 28(2) - No NBW Allowed Sachin Vs Sau. Sushma | Leave a comment

No Maintenance under Section 125 CrPC

Posted on May 26, 2018 by ShadesOfKnife

Listed below are few judgments where maintenance is disallowed for knifes under Section 125 of CrPC.

 

Supreme Court

  1. Smt. Yamunabai Anantrao Adhav A Vs Ranantrao Shivram Adhav And … on 27 January, 1988

 

Allahabad High Court

  1. Kiran Dhar Vs Alok Berman on 14 May, 2014 (No Domestic relationship as First Wife alive)
  2. Ismile @ Shama Vs State Of U.P. & Others on 22 September, 2016 (Knife able to maintain herself)

 

Andhra Pradesh High Court

  1. Moodududla Srinivas Vs Smt .N.Usha Rani on 13 April, 2017

 

Bombay High Court

  1. Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008 (Cruelty not proved)

 

Chhattisgarh High Court

  1. Rishikesh Singh Vs Kiran Gautam on 05 Sep 2014 (MCD u/s 13B of HMA does not entitle wife maintenance u/s 125 CrPC)

 

Gujarat High Court

  1. Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016 (Spouses living separately with mutual consent so No maintenance can be allowed; Agreements against Public Policy are void)

 

Kerala High Court

  1. Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 (Spouses living separately with mutual consent; No maintenance can be allowed)

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged CrPC 125 - Maintenance Denied CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 125(4) - No Maintenance or Interim To Adulterer or Deserter Wife Summary Post | Leave a comment

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

Posted on May 20, 2018 by ShadesOfKnife

In this Gujarat High Court order, Judge denied interim maintenance to Knife as she is already getting maintenance under Section 125 of CrPC.

 

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Able To Maintain Herself CrPC 125 - Interim Maintenance Denied CrPC 125 - Order for Maintenance of Wives Children and Parents CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance Hemlataben Maheshbhai Chauhan PWDV Act Sec 12 - Domestic Violence Application to Magistrate PWDV Act Sec 23 - Interim Maintenance Denied | Leave a comment

Ramdhani Sah Vs The State of Jharkhand on 22 June, 2016

Posted on May 10, 2018 by ShadesOfKnife

This judgment from Jharkhand High Court explains the notorious arrests under CrPC 125(3)

 

Ramdhani Sah vs The State Of Jharkhand on 22 June, 2016
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance Failure To Pay Maintenance Follow CrPC 421 For Maintenance Recovery No Automatic Arrest Ramdhani Sah Vs The State of Jharkhand | Leave a comment

Laljee Yadav Vs The State Of Bihar on 16 September, 2011

Posted on May 10, 2018 by ShadesOfKnife

This is a wonderful judgment explaining the imprisonment of accused who fails to make the maintenance payments to Knife under Sec 125(3) of CrPC.

Noticing the peculiar situation where virtually the petitioner has been made to serve life sentence and the insensitivity of the Judge in the matter, we called for the lower Court records to examine for ourselves the facts because if what is being said by the Principal Judge, Family Court is to be accepted then the petitioner would virtually be serving a life sentence with no remission possible.

 

What is more scandalous is, as will be shown, petitioner has been kept in prison mechanically and that too for months even without any order of remand by the learned Principal Judge, Family Court.

 

The Code itself provides by Section 421 for warrant for levy of fine….

… A reference to Section 421 and the proviso would show that it clearly prohibits a person to be imprisoned in execution of warrant levying fine which would simply for recovery of the maintenance and, thus, there is no scope for issuance of any distress warrant for detaining a defaulter husband.

 

For the purposes of sentencing, the Code has provision in terms of Sections 29 and 30 thereof but the question remains that can there be a sentence straightway upon default being shown. In our view, no.

 

Unfortunately, in total disregard to the binding precedent, the learned Principal Judge, Family Court proceeded. The result is that the petitioner is being detained in custody ad infinitum which is against the statutory provisions.

 

Again, this is significant inasmuch as the maintenance being a monthly payment, for each month’s default, defaulter can be sentenced for a month’s imprisonment.

 

As seen above, the maintenance is to be fixed on monthly basis. The sentence has, accordingly, been limited to a month maximum for each breach.

 

We, therefore, hold that the detention of the petitioner cannot be justified and is contrary to the scheme as provided under Section 125 (3) of the Code. We have no option accordingly but to direct the immediate release of the petitioner, while quashing the order committing the petitioner to custody and subsequent orders of remand. The writ application is allowed.

 

Laljee Yadav vs The State Of Bihar on 16 September, 2011
Posted in High Court of Patna Judgment or Order or Notification | Tagged CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 421 - Warrant for levy of fine Failure To Pay Maintenance Follow CrPC 421 For Maintenance Recovery Landmark Case Legal Procedure Explained - Interpretation of Statutes Maintenance No Automatic Arrest Order Quashed | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022
  • Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022 August 10, 2022
  • XXX Vs State of Kerala and Ors on 05 July 2022 August 8, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,138 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,824 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,242 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,084 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,060 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,046 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (1,032 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (975 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (948 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (918 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (304)Landmark Case (300)2-Judge (Division) Bench Decision (231)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (610)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (107)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (5)
  • July 2022 (21)
  • June 2022 (28)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • 500 API Errors on Custom Error Page August 12, 2022
    Aug 12, 09:07 UTCResolved - This incident has been resolved.Aug 12, 08:52 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:36 UTCInvestigating - Cloudflare is aware of and investigating an issue with Cloudflare Custom Pages which potentially impacts multiple customers. Further detail will be provided as more information becomes […]
  • Increased HTTP 522 Errors August 12, 2022
    Aug 12, 07:25 UTCResolved - This incident has been resolved.Aug 12, 07:10 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:10 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 12, 06:55 UTCInvestigating - Cloudflare is investigating an increased level of HTTP 522 errors in […]
  • Increased API Error rate August 12, 2022
    Aug 12, 00:49 UTCResolved - This incident has been resolved.Aug 12, 00:40 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 11, 23:00 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 11, 23:00 UTCInvestigating - Some customers might see increased API error rates

RSS List of Spam Server IPs from Project Honeypot

  • 139.5.89.18 | S August 11, 2022
    Event: Bad Event | Total: 801 | First: 2017-01-08 | Last: 2022-08-11
  • 139.5.88.17 | SD August 11, 2022
    Event: Bad Event | Total: 6,431 | First: 2019-02-01 | Last: 2022-08-11
  • 139.5.88.131 | SD August 11, 2022
    Event: Bad Event | Total: 5,905 | First: 2019-03-08 | Last: 2022-08-11
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 691 access attempts in the last 7 days.

pixel