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CrPC 125

Factors for increase in maintenance under CrPC 125 and CrPC 127

February 25, 2010 by videv

A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment.   The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: --------------------------------------------------------------------------------------------- *Court* : HIGH COURT OF JUDICATURE AT ALLAHABAD *Brief* : : Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. *Citation : * *Judgment :* HIGH … [Read more...] about Factors for increase in maintenance under CrPC 125 and CrPC 127

Filed Under: CrPC 125, Uncategorized Tagged With: HC Judgment, Maintenance

SC Judgment on factors deciding quantum of maintenance under CrPC 125

February 25, 2010 by videv

The basic learning from this judgment seems to be that 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 reasons for doing so.  In general it is payable from date of order. The full text of judgment is below.  The important portions are made bold so you can read them for a quick understanding of the main points. ---------------------------------------------------------------------------------------- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 SHAIL KUMARI DEVI & ANR. Vs KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK *Judgment :* J U D G M E N T C.K. THAKKER, J. 1. Leave granted. 2. … [Read more...] about SC Judgment on factors deciding quantum of maintenance under CrPC 125

Filed Under: CrPC 125, Uncategorized Tagged With: Maintenance, SC Judgment

1 month jail for every month of maintenance default under CrPC 125

January 23, 2010 by videv

CrPC 125 has provision to send husband to jail for not paying maintenance. In a recent judgment, husband was ordered to serve jail term for 44 months since he was in default for 44 months of maintenance ordered under CrPC 125. However sending jail for each month of default probably seems a liberal interpretation, because the plan reading of the section says that a month of jail can be sentenced for each order which is not adhered to.http://timesofindia.indiatimes.com/city/mumbai/Jail-hubbies-who-fail-to-pay-maintenance/articleshow/5466802.cmsMUMBAI: Coming to the aid of neglected wives, the Bombay high court has ruled that men who fail to pay a court-ordered maintenance to their estranged spouses can be jailed for every month that they default on the payment.“This case exemplifies the … [Read more...] about 1 month jail for every month of maintenance default under CrPC 125

Filed Under: CrPC 125 Tagged With: Maintenance

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