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Section 125

Strict proof of marriage not precondition for maintenance under Section 125 CrPC: Calcutta High Court

Strict proof of marriage not precondition for maintenance under Section 125 CrPC: Calcutta High Court

Posted on November 30, 2024November 30, 2024 by Matrimonial Advocates

Justice Ajay Kumar Gupta observed that the claimant has to only prove a prima facie case of marriage to seek maintenance under Section 125 of the Code of Criminal Procedure, 1973. The Calcutta High Court recently stated that when a man and woman have...

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Section 125 CrPC Should Not Encourage Dependence or Idleness in Spouses Seeking Maintenance

Posted on October 18, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court emphasized that the maintenance provisions under Section 125 of the CrPC are not intended to create a “dependent class” of individuals relying on spousal financial support. In this case, the petitioner argued...

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Magistrate Can Review Order Passed Under Sec 125 CrPC; Bar Under Sec 362 CrPC Not Applicable: SC

Magistrate Can Review Order Passed Under Sec 125 CrPC; Bar Under Sec 362 CrPC Not Applicable: SC

Posted on February 10, 2020June 12, 2020 by Matrimonial Advocates

The Supreme Court of India has held that a Magistrate who passes an order on settlement between parties under Section 125 of the Code of Criminal Procedure (CrPC) has the power to recall or set aside the Order if terms of the same are violated, and S...

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