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...Section 125(3), Cr. P.C further giving certain directions in the manner of execution of such warrants. It is urged that the Magistrate wrongly assumed that the levy warrant is not...sending to prison under Section 125(3) Cr. P. Code.2. I have considered all these arguments. Once a maintenance decree is passed, it remains executable for the sums payable under that...illegal. In that connection. I may again refer to Section 125(3), Cr. P.C and the facts narrated in the order of January 14, 1983. The Magistrate did give a notice when an...
...1. This is a revision petition filed by the wife against the order of the Court below dismissing her petition filed under section 125(3) of the Code of Criminal Procedure for recovery of the pas...pursuance of this grant, the wife filed a petition under section 125(3) Cr PC on 9-1-89 for execution of the maintenance order. The court below holding that the wife is entitled to the maintenance from 1...-2-88 to 31-1-89 (i.e for twelve months) dismissed the said petition under section, 125(3) Cr PC so far it relates to the period prior to 1-2-88. Hence this revision.2. Mr. Mahesh...
...1. Can the pace of execution proceedings before the Family Courts under Sec. 125 Cr. P.C be quickened? Should warrants both under Secs. 421(1)(a) and (b) Cr. P.C be issued invariably in every case before a senten...under Sec. 125(3) Cr. P.C? Dp the decisions in Nithiyanandan v. Radhamani (1980 KLT 537) and...(FC). My experience in this jurisdiction shows that there is lot of avoidable unnecessary delay in the expeditious execution of orders under Sec. 125(3) Cr. P.C and it is hence that I wanted these...
...compromise and as such she filed an application on July 7, 1976 under Section 125(3), Cr. P.C for execution of the order of the Magistrate dated September 2, 1975 claiming...failed to do so the order dated September 2, 1975 cannot be executed under Section 125(3), Cr. P.C On the other hand the counsel for the opposite party urged that the order....7. Learned counsel for the applicant has argued that no conditional order can be passed under Section 125, Cr. P.C The compromise was to the effect that if its terms were not carried out t...
...12-11-1982. Though the maintenance was ordered in the year 1979, the petitioner-husband failed to pay the maintenance and therefore the wife and the minor got an application filed under Sec. 125(3) Cr. P.C...counsel submits that under Section 125(3) Cr. P.C, the Court is not empowered to order arrest without issuing a warrant for levying the amount due as fine. According to the...learned counsel, without issuing such a warrant, the Court cannot order for arrest.3. It is also bis submission that as per the proviso to Section 125(3) Cr. P.C...
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2. The present 482 Cr.P.C. application has been filed to direct the court of Family Judge, Agra to decide the application of the applicant under Section 125 (3) Cr. P.C. dated 30.05.2023...the opposite party no.2. Application under Section 125(3) Cr. P.C. is pending before executing court.
4. Per contra, learned A.G.A. vehemently opposed the contention of learned...). Applicant has filed execution application under Section 125(3) Cr. P.C. before concerned court and same is pending and no order has been passed. The concerned court is hereby directed to take appropriate...
...paying the maintenance according to the decree in M.C No. 11 of 1983.1 do not find any illegality in the order. Mr. Sastry, learned counsel for the petitioner contends that under S. 125(3) of the Cr. P.C...Cr. P.C is designed to provide maintenance to a party who is unable to support herself or himself. Therefore, it is imperative on the part of the person against whom the decree is passed to comply with the decree. S. 125(3)...interpretation.2. In my opinion the salary cannot be excluded from the category of movable property mentioned in S. 125(3) Cr. P.C This is also the view taken by a learned single Judge in...
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Misc Ex-40/16 u/s 125(3) Cr. P.C.
Ld. J.M. 3rd Court Bankura
29.10.2021
Police Commissio ner, Commissio...03.11.2021 to Commissioner of Police, Commissionarate of Lucknow by post with a postage stamp of five rupees.
Pen ding
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Misc Ex-19/16 u/s 125(3) Cr. P.C....
Pen ding
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Misc Ex-40/16 u/s 125(3) Cr. P.C.
Ld. J.M. 3rd Court Bankura
31.01.2022
Senior Superinten dent of Police (U.P...
.... Principal Judge, Family Court, Gonda, to
decide the Criminal Case No.3 of 2022; Afroz Jahan Versus Firoz Ahmad,
under section 125 (3) Cr. P.C., pending before it, expeditiously, preferably.... which was decided vide order dated
30.08.2018 in case No. 195/2015. Thereafter, for execution of
the order dated 30.08.2018, the petitioner has filed an
application under Section 125 (3) Cr.P.C. He further submits
that till date, ...within a period of three months.
Learned counsel for the petitioner submits that the petitioner is
wife of respondent and for maintenance, she filed an application
under Section 125 Cr.P.C...
.... The revisionist instead of paying any amount, has come up to this Court and has taken a technical plea that no warrant can be issued for recovery in view of the 1st proviso to Section 125(3) Cr. P.C...amount of maintenance and the revisionist has no right whatsoever to withhold the amount of maintenance allowance for the period beyond that as mentioned in the 1st proviso to Section 125(3) Cr. P.C...recovery of the maintenance allowance awarded to the wife and daughter of the revisionist in the proceedings under Section 125 Cr. P.C by means of the judgment dated 4th May, 1991...
...directed the issue of warrant for the arrest of the applicant. He passed an order under Section 125(3) Cr. P.C for the arrest of the applicant for 45 months or till such...125(3) Cr. P.C tuns as follows:“If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue...fine. The second is by sending the defaulter to prison for one month for each month's allowance remaining unpaid.3. The proviso to sub-sec. (3) of Section 125 Cr...
...1. The petitioner and the respondent were wife and husband. The petitioner had moved the learned Magistrate under S. 125, Cr. P.C against the respondent for award of maintenance for herself and children. On the basis of a...5-9-1986. Incompliance of the order, the respondent made certain payments. Thereafter, the payments were stopped. The petitioner then moved the Magistrate under S. 125(3), Cr. P.C for issue of the...warrant for levying the amount due. In the proceeding under S. 125(3), Cr. P.C the respondent pleaded that he had divorced the petitioner and has paid the maintenance up to the period of Iddat and he is...
...said order which was dismissed on April 18, 1985. On December 12, 1985 Prem Devi non-petitioner made an application under section 125(3) Cr. P.C for issuing a warrant for.... 125(3) Cr. P.C on December 12, 1985. No notice was served on the petitioner before the Magistrate passed the impugned order on February 5, 1986. The second contention raised is that the application...under section 125(3) Cr. P.C was not made within a period of one year from the date on which the amount became due.5. The first contention of the learned...
...distress. The dominant purpose behind the benevolent provisions contained in Section 125 Cr. P.C is that the wife, child and parents should not be left in a helpless state of distress, destitution and star...125 Cr. P.C provides as to how the order of maintenance is to be enforced. It will be beneficial to read Sub-section(3) of Section 125 Cr. P.C, which is extracted...became due:Provided further that xxxx.”10. It is clear from Sub-section(3) of Section 125 Cr. P.C that if any person fails to comply with the...
..., Family Court, Calcutta in Misc. Ex. Case No. 27 of 2004. The petitioner is the husband and for non-payment of the amount of maintenance, a proceeding under section 125(3) Cr. PC was initiated and...Supreme Court has observed that the wife has no remedy but can approach for similar relief, i.e, for relief as permitted under section 125(3) Cr. PC. In view of the judgment of the Hon'ble Apex Court, I...:—“The language of sub-section (3) of section 125 is quite clear and it circumscribes the power of the Magistrate to impose imprisonment for a term which may extend to one month...
...Magistrate was not complied with, the 1st respondent minor son through his grand-father filed a petition in Crl. M.P No. 5727 of 1991 in M.C No. 27 of 1984, under S. 125(3), Cr. P.C before the Judicial...the grand father of the minor, could not maintain the said petition under S. 125(3), Cr. P.C as the grand father could not be the legal guardian for the minor under Mohammedan Law, and the said...the petitioner, the father, he did not choose to examine himself in the said enquiry.10. The lower Court by its order dated 23-3-1992, dismissed the said petition under S. 125(3), Cr. P.C...
...execution under Section 125(3), Cr. P.C. before the Munsif Magistrate, Shahjahanpur on 9th of December, 1980 claiming that the maintenance allowance had not been paid to her...with effect from 1-8-75 nor any amount had been paid to the daughter property of the husband was attached. On the ground that by virtue of provision of Section 125(3), Cr. P.C...which the Magistrate could not do under the provisions of Section 125(3), Cr. PC. I have carefully examined the said provisions which are reproduced below for ready refer...
....512 of 2019 under Section 125 (3) Cr PC and Misc. Case No.1076 of 2021 under Section 125 (3) Cr PC at P.S. Baheri, District Bareilly.
It is submitted that the application filed....
Present application under Section 482 of Cr PC has been filed by the applicant, praying for quashing the orders dated 6.12.2023 and 10.11.2023 passed by the Court of Family Judge, Bareilly in Misc. Case No.... The matter was referred to the mediation, but it stands failed. The applicant filed an application under Section 127 of Cr PC, which was registered as Complaint Case No.2209 of 2022 before the...
...imprisonment for more than one month cannot be awarded even if maintenance may have been due for more than one month. For this purpose the language of S. 125(3), Cr. P.C is to be seen and the principle of...more than one month's imprisonment was held invalid. It appears that in that case during the course of arguments at the bar the provisions of S. 125(3), Cr. P.C were not analysed and it was not pointed...be released and this is bad Section 125(3), Cr. P.C itself says that “or until payment if sooner made”. So on payment the husband may be released and if he is not released...
..., if so advised may take recourse to Section 127. Cr. P.C.
(5.) The first contention raised before me is that under Section 125(3). Cr. P.C. amount of...maintenance for period exceeding one year cannot be recovered, in view of the specific provision of Section 125(3). Cr. P.C. it is well settled that when an application of...has been made to a decision in the case of Ali. Khan v. Smt. Hazambi. There is no specific bar for attachment of salary under Section 125(3), Cr. P.C. The provision...