Maintenance

Strict proof of Marriage is not required in proceeding U/S 125 of CRPC – Supreme Court

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Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings Under Section 125 Code of Criminal Procedure, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. In Dwarika Prasad Satpathy v. Bidyut Prava Dixit MANU/SC/0673/1999 : (1999) 7 SCC 675, this Court held … Read more

Magistrate can not grant maintenance U/S 125 of CRPC after declining relief under Domestic violence – Supreme Court

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Once the learned Magistrate declined to grant maintenance for reasons specified, it was not open for him to assume jurisdiction in a proceeding under section 125 of the Cr.P.C. which was not pending before him and was a completely independent proceeding to direct grant of maintenance under the same. The two being independent proceedings, the … Read more