facts of the case are that petitioner-wife
preferred an application under sec.125 CrPC before learned
Additional Chief Judicial Magistrate, Kapasan (Chittorgarh ... With
these averments, the present non-petitioner-wife moved an
application under sec.125 CrPC praying for maintenance
allowance from petitioner-husband
application
under Section 9 of the Hindu Marriage Act was filed prior to filing of
application under Section 125 of CrPC ... applicant filed an application under Section 9 of the Hindu Marriage
Act only after the application under Section 125 of CrPC was filed
year 1994. Opposite party no. 2 has filed an application under Section 125 Cr.P.C. inter-alia alleging that she was harassed by revisionist ... Chapter IX of Code of Criminal Procedure deals with the order for maintenance of wives, children and parents. As per section 125
application in the Court. The provisions contained in Sub-section (2) of Section 125 take care of that situation. Section 125(2) provides that "such ... order passed under Section 125(1) it may be held that while making an application under Section 125(3) , Cr.P.C. the applicant
stated for adjudication of this revision are that an application under section 125 Cr.P.C. was moved by Surbhi Agrawal alias Sunita stating therein ... maintenance under Section 125 Cr.P.C. can be denied only in the circumstances provided under sub-section (4) of the said section."
Principle
interim
maintenance.
2. The respondent/applicant had filed an application
under Section 125 of the Cr.P.C. alleging cruelty against the
petitioner/non-applicant ... earning some income.
That is not sufficient to rule out application of
Section 125 Cr.P.C. It has to be established that with
Record reveals that respondent no. 2, Nasreen Fatima, filed an application under Section 125 Cr.P.C. with the allegation that she is legally wedded ... earning some income. That is not sufficient to rule out application of Section 125 Cr.P.C. It has to be established that with
adjudication of this revision are that an application under section 125 of Code of Criminal Procedure was moved by the applicant-revisionist Smt. Nidhi Jain ... maintenance under Section 125 Cr.P.C. can be denied only in the circumstances provided under sub-section (4) of the said section."
Principle
Shakeela Vs. Shahabuddin) whereby the learned Judge allowed the application under Section 125 Cr.P.C. moved by the applicant-opposite party ... presentation of the application.
The brief facts giving rise to the present revision are that an application under section 125 Cr.P.C. was moved
refused to maintain them, filed an application under
Section 125 of the Code of Criminal Procedure for grant
of maintenance to both of them, total ... date of presentation of the application under
Section 125 of the Code of Criminal Procedure, he was
more than 2 years. Therefore, vide order dated
