3 articles tagged with Section 125 CrPC. Latest first.
Dismissing a wife's criminal revision seeking higher maintenance, the Allahabad High Court held that enhancement requires fresh evidence and must be pursued before the trial court, not in revision.
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the summary maintenance jurisdiction that Section 125 of the CrPC, 1973 has exercised since 1974. The substantive content is unchanged. The procedural law, however, has been substantially tightened since Rajnesh v Neha , (2021) 2 SCC 324 — affidavits of assets and liabilities are now mandatory from both parties at the outset, the date from which maintenance runs has been fixed at the date of application as the default, and the Magistrate is bound by disposal targets the Supreme Court has spelt out. This guide is the working procedural map.
Justice Garima Prashad found the Family Court's maintenance quantum unjust and its effective date manifestly erroneous, remanding the matter for fresh adjudication within six months.
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