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Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 125 – Maintenance Granted

Rehena Khatoon Vs Jargis Hossain on 24 Jun 2021

Posted on July 10, 2021 by ShadesOfKnife

A single judge bench of Calcutta High Court held that a divorced women is entitled to maintenance even if she unilaterally obtains divorce from her husband.

The Learned Trial Judge committed illegality when she held that a divorced wife is not entitled to get maintenance. The petitioner moved in revision for redrassal of the said wrong but she was again wronged by the Learned Revisional Court on the ground that the petitioner was allegedly found in compromise situation with a third person by the opposite party and accordingly she was not dutiful to her husband.
Law is absolutely settled that even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself. The impugned order does not suggest any finding as to whether the petitioner was able or unable to maintain herself or not independently.

Rehena Khatoon Vs Jargis Hossain on 24 Jun 2021

Citations :

Other Sources :

 

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 - Maintenance Granted Rehena Khatoon Vs Jargis Hossain | Leave a comment

Maintenance Judgments

Posted on October 21, 2019 by ShadesOfKnife

Maintenance judgments by Enactment

PWDV Act 2005

No Maintenance under Protection of Women from Domestic Violence Act

Grant of Maintenance under Protection of Women from Domestic Violence Act

 

Hindu Marriage Act

No Maintenance under Hindu Marriage Act

Grant of Maintenance under Hindu Marriage Act

 

125 CrPC

No Maintenance under Section 125 CrPC

 

Others

Grant or Enhancement of Interim Maintenance

No Maintenance to Knife Judgments

 

Maintenance for Limited Time Period here.

 

Maintenance after Mutual Consent Divorce here.

 

Agreements against Public Policy are Void here.


A 2-judge bench of Supreme Court passed guidelines in Rajnesh Vs Neha on how to handle multiple maintenance litigation here.


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 125 - Interim Maintenance Denied CrPC 125 - Interim Maintenance Granted CrPC 125 - Maintenance Denied CrPC 125 - Maintenance Granted HM Act 24 - Interim Maintenance Denied HM Act 24 – Interim Maintenance Granted PWDV Act 20 - Maintenance Granted PWDV Act Sec 20 - Maintenance Denied Summary Post

R D Vs B D on 31 July, 2019

Posted on August 21, 2019 by ShadesOfKnife

Another dirty judgment, this time from High Court of Delhi.

R D Vs B D on 31 July, 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 125 - Maintenance Granted CrPC 125 - Order for Maintenance of Wives Children and Parents Maintenance under both 125 CrPC and HMA is Maintainable Multiple Maintenances Orders PIL - CrPC 125 Must Go From Statute Book R D Vs B D

Chanmuniya Vs Virendra Kumar Singh Kushwaha & Anr on 7 October, 2010

Posted on November 30, 2018 by ShadesOfKnife

This is the landmark ruling from Hon’ble Supreme Court wherein it was held that

“We are of the opinion that a broad and expansive interpretation should be given to the term “wife” to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a precondition for maintenance under Section 125 CrPC, so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125. We also believe that such an interpretation would be a just application of the principles enshrined in the Preamble to our Constitution, namely, social justice and upholding the dignity of the individual.”

Chanmuniya Vs Virendra Kumar Singh Kushwaha & Anr on 7 October, 2010

But in a para prior to this para, this case was referred to a larger bench (this was a 3-judge bench). But this case was but after two years dismissed as the advocate for appellant dies and the appellant did not pursue the case. Here is the Dismissal Order:

Chanmuniya Vs Virendra Kumar Singh Kushwaha and Anr on 5 September 2014

Here is the Para 45,

45.We, therefore, request the Hon’ble Chief Justice to refer the following, amongst other, questions to be decided by a larger Bench. According to us, the questions are:

1. Whether the living together of a man and woman as husband and wife for a considerable period of time would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to maintenance under Section 125 Cr.P.C?

2. Whether strict proof of marriage is essential for a claim of maintenance under Section 125 Cr.P.C. having regard to the provisions of Domestic Violence Act, 2005?

3. Whether a marriage performed according to customary rites and ceremonies, without strictly fulfilling the requisites of Section 7(1) of the Hindu Marriage Act, 1955, or any other personal law would entitle the woman to maintenance under Section 125 Cr.P.C.?

So, this judgment is NOT a landmark judgment as the question of law was NOT decided either by this Court nor by a larger bench of this Court.


Citation: [2011 ANJ SC 1 26], [2010 AIOL 681], [2011 SCC 1 141], [2011 ALLMR CRI SC 346], [2010 SCALE 10 602], [2011 BOMCR SC 2 787], [2011 SCC CRI 2 666], [2011 CRLJ SC 96], [2010 RCR CIVIL SC 4 801], [2010 JT 11 132], [2010 AIR SC 6497], [2011 SCC CIV 1 53]

Other Source links: https://indiankanoon.org/doc/1949767/ or https://www.casemine.com/judgement/in/5609aedbe4b0149711414ea0


But this judgment declared it so here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Chanmuniya Vs Virendra Kumar Singh Kushwaha and Anr CrPC 125 - Maintenance Granted CrPC 125 - No Strict Proof of Marriage Required CrPC 125 - Order for Maintenance of Wives Children and Parents Landmark Case Legal Procedure Explained - Interpretation of Statutes Question of Law Involved Referred to Large Bench Reportable Judgement or Order | Leave a comment

Kamala and Others Vs M.R.Mohan Kumar on 24 October, 2018

Posted on November 30, 2018 by ShadesOfKnife

Hon’ble Supreme Court has held in this judgment that, as 125 CrPC proceedings are Summary in nature, no need of strict proof required for marriage between parties. It reiterated the law laid down in the judgment of Chanmuniya v. Virendra Kumar Singh Kushwaha here.

Kamala and Others Vs M.R.Mohan Kumar on 24 October, 2018

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 125 - Maintenance Granted CrPC 125 - No Strict Proof of Marriage Required CrPC 125 - Order for Maintenance of Wives Children and Parents Kamala and Others Vs M.R.Mohan Kumar | Leave a comment

Sidhappa Satappa Savali Vs Smt. Mahananda Sidhappa Savali on 08 December, 2015

Posted on November 30, 2018 by ShadesOfKnife

This is a judgment from Bombay High Court wherein it was held that, as 125 CrPC proceedings are Summary in nature, no need of strict proof required for marriage between parties.

Sidhappa Satappa Savali Vs Smt. Mahananda Sidhappa Savali on 08 December, 2015

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 125 - Maintenance Granted CrPC 125 - No Strict Proof of Marriage Required CrPC 125 - Order for Maintenance of Wives Children and Parents Sidhappa Satappa Savali Vs Smt. Mahananda Sidhappa Savali | Leave a comment

Ballikurava Kiranmayi Vs Ballikurava Anjaneyulu on 5 May, 2015

Posted on July 4, 2018 by ShadesOfKnife

The Knife eyed share in houses and in lands of In Laws via this DV Case. Since maintenance was already granted in CrPC 125 case, no maintenance was granted in DVC. As there are no specific allegations of DV on respondent and  also incidentally they got acquittal from the 498A case, no protection order was also issued.

 

Ballikurava Kiranmayi Vs Ballikurava Anjaneyulu on 5 May, 2015

 

 

Posted in Prakasam DV Cases | Tagged Acquitted in IPC 498A Ballikurava Kiranmayi Vs Ballikurava Anjaneyulu CrPC 125 - Maintenance Granted PWDV Act 18 - Protection Order Denied PWDV Act Sec 20 - Maintenance Denied | Leave a comment

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