The amount awarded u/s 125 of Cr.P.C. for maintenance is adjustable against the amount awarded in matrimonial proceedings- SC

In the case of Sudeep Chaudhary vs Radha Chaudhary - AIR 1999 SC 536, wife had filed an application under Section 125 of Code of Criminal Procedure and was awarded the maintenance @ of Rs.350/- per month and was subsequently…

Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]

Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.

“wife” in Section 125 of the Criminal Procedure Code, includes a woman who had been duped into marrying a man who was already married.

18-10-2013-Badshah Keywords:-Legally wedded wife-Maintenance-summary remedy- The Court as the interpreter of law is supposed to supply omissions, correct uncertainties, and harmonize results with justice through a method of free decision IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL…