In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance

KEYWORDS:-Muslim Husband – Second Marriage- Maintenance – AIR 1987 SC 1103 : (1987) 2 SCR 773 : (1987) 2 SCC 285 : JT 1987 (2) SC 55 : (1987) 1 SCALE 672 : (1987) CriLJ SC 980 (SUPREME COURT OF INDIA) Begum Subanu alias Saira Banu and another Appellant Versus A.M. Abdul Gafoor Respondent (Before : A. P. Sen And S. Natarajan, JJ.) Criminal Appeal … Continue reading In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance

Danial Latifi & Anr vs Union Of India [ALL SC 2001 SEPTEMBER]

KEYWORDS:- MAINTENANCE OF MUSLIM WIFE DATE: 28 September, 2001 ACTS:- Muslim Women (Protection of Rights on Divorce) Act, 1986-Section 125 CrPC. Supreme Court of India Danial Latifi & Anr vs Union Of India Author: R Babu Bench: G.B. Pattanaik, S. Rajendra Babu, D.P. Mohapatra, Doraiswamy Raju, Shivaraj V. Patil CASE NO.: Writ Petition (civil) 868 of 1986 JUDGMENT: [ With WP(C) Nos. 996/86, 1001/86, 1055/86, 1062/86, 1236/86, 1259/86, … Continue reading Danial Latifi & Anr vs Union Of India [ALL SC 2001 SEPTEMBER]

Nand Lal Misra Vs Kanhaiya Lal Misra[SC 1960 April ]

Keywords: Preliminary Inquiry in Maintenance Case AIR 1960 SC 882 : (1960) 3 SCR 431 : (1960) CriLJ SC 1246 (SUPREME COURT OF INDIA) Nand Lal Misra Appellant Versus Kanhaiya Lal Misra Respondent (Before : K. Subba Rao And J. C. Shah, JJ.) Criminal Appeal No. 64 of 1958, Decided on : 01-04-1960. The procedure does not contemplate a Preliminary enquiry into paternity of child—Summons … Continue reading Nand Lal Misra Vs Kanhaiya Lal Misra[SC 1960 April ]

Section 125 [488 Old] of Criminal Procedure Code [Law Points]

MAINTENANCE- The proceedings under Section 488 of the Old Code are quasi-civil in nature but that does not mean that the Magistrate dealing with them gets all the powers of a civil court or that all the rules governing the civil proceedings can be imported. Though Section 125 benefits a distressed father also, main thrust of the provision is to assist women and children in … Continue reading Section 125 [488 Old] of Criminal Procedure Code [Law Points]

V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]

KEYWORDS:-DOMESTIC VIOLENCE A petition under the provisions of the PWD Act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said Act, notwithstanding the fact that in the past she had lived together with her husband in a shared household, but was no more living with him, at the time when the Act … Continue reading V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]

Comparative study  of maintenance under multiple Acts

Section 125 in The Code Of Criminal Procedure, 1973 125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain– (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) … Continue reading Comparative study  of maintenance under multiple Acts

Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]

Keywords :- Live in relationship:- wife-  Women in live-in relationships are also entitled to all the reliefs given in the said Act. [ref: to larger bench] (SUPREME COURT OF INDIA) (Before : G. S. Singhvi and Asok Kumar Ganguly, JJ.) Civil Appeal No. … of 2010 (Arising out of SLP (Civil) No. 15071 of 2009); Decided On: 07-10-2010 Criminal Procedure Code, 1973—Section 125—Maintenance—Presumption of valid … Continue reading Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]

“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 MISCELLANEOUS PETITION No.19530/2013 IN SPECIAL LEAVE PETITION (CRL.) No.8596/2013 Badshah ….Petitioner Versus Sou.Urmila Badshah Godse & Anr. …Respondents J U D G M E N … Continue reading “wife” in Section 125 of the Criminal Procedure Code, includes a woman who had been duped into marrying a man who was already married.