application filed by the applicant. In this application,
the applicant no where pleaded that she had filed an previous
application under Section 125 of ... expelled
her, she filed another application. No doubt, the applicant has filed this
application under Section 125 of Cr.P.C., at very belated stage
year 1995, the opposite party filed an application under Section 125
of the Code of Criminal Procedure claiming maintenance for self and her minor
daughter ... under Section 125 of the Code of Criminal Procedure, rejecting the prayer for her
maintenance and her daughter. The said Criminal Revisional Application was
registered
under Section 125 Cr.P.C. before the Family Court, Unnao, but interim relief was not granted to her under Section 125 of ... Hindus. Section 125 CrPC is a permanent maintenance relief. Even though this section is provided in criminal procedure code, it has got civil
Mitra, J. :
This is an application under Section 401 read with Section 482 of
the Code of Criminal Procedure 1973 filed by the petitioner challenging ... application for maintenance under Section 125 Cr.P.C. Arrear of
maintenance was accumulated as the petitioner under Section
125 Cr.P.C. was kept
month w.e.f. 24.07.2012 date of application u/S. 125
CrPC.
Learned counsel for the petitioner is heard.
Learned counsel ... decades to wake up from her stupor to
file an application u/S. 125 CrPC which led to passing of impugned
order
appears that petitioner/wife has filed an application under
section 125 of the Code of Criminal Procedure praying for
maintenance. An order of interim maintenance ... also an admitted fact that the main
application under section 125 of the Code of Criminal Procedure has
not yet been disposed of on merit
under Section 125
of the Code of Criminal Procedure, she had also expressed her desire to be
governed by the provisions of Section 125 ... Section 5 of the Act of 1986, wife has withdrawn the
application filed by her under Section 125 of the Code of Criminal Procedure.
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have
jointly constituted to be the grounds for
preferring an application under Section 125
Cr.P.C., may not be relevant for consideration
at this ... application, that would
be considered by the learned Family Court at
the time of final adjudication of the
application under Section 125 of the
earning a
handsome amount. Counsel further submits that the main
application under Section 125 Cr.P.C. is still pending before the
trial court since ... trial court may be
directed to decide the said application under Section 125 Cr.P.C. as
early as possible.
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beyond the scope of Section 125
Cr.P.C..
11. Further it is submitted that the maintenance granted under
section 125 Cr.P.C. does ... wider
than that of Section 125 Cr.P.C.. While Section 125 Cr.P.C. talks only
of maintenance, Section 20 DV Act stipulates payment
