under the Code of Criminal Procedure deprive
them of their right, loses its significance. The object and scope of
Section 125 CrPC ... Muslim woman under Section 125 of the Code of Criminal
Procedure 1973 (hereinafter referred to as “ Cr.P.C ”) to an
application under Section
maintenance under this Act.”
(d) Section 125 of the Cr.P.C.
Chapter IX of Code of Criminal Procedure , 1973 provides for
maintenance of wife ... addition to an order of maintenance under
section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any
other
section (1) of
Section 125 Cr.P.C. includes stepmother. This Court
referring to Section 125 Cr.P.C. as well as provision
of Section ... minor
unmarried girl. Considering the
application filed under Section 125 of the
Criminal Procedure Code by Respondent 1,
wife of the Petitioner and mother
restoring the
application under Section 125 Cr.P.C. was contrary to
Section 362 Cr.P.C. which provides that no Court can
alter ... Section 125 Cr.P.C., we need to examine as
to whether Section 145 Cr.P.C. in any manner relaxed
the rigour of Section
application under Sections 126 (2) Cr.P.C. Principle Judge Family Court, Ballia has decided the application under Section 125 (3) ... application moved under section 126 (2) Cr.P.C. as infructuous.
Learned A.G.A. submits that since the application under Section 125 (3)
section (4) of
Section 125 of Cr.P.C. contemplates two
independent stages of proceedings, i.e. when
Section 125 of ... which the application under Section 125 (2) for
interim maintenance is considered, and (ii) the
stage when the principal application under Section
125
aforesaid discussion, application is liable to be partly allowed. Maintenance order passed on 18.4.2011 on the application under section 125 Cr.P.C. in favour ... refused.
Accordingly, present application is allowed in part. Maintenance order passed on 18.4.2011 on the application under section 125 Cr.P.C. in favour
been rejected.
3. While rejecting the application under Section 125 Cr.P.C. the learned Principal Judge has observed thus:-
"याचिनी व विपक्षी के ... record of this case, it is evident that an application under Section 125 Cr.P.C. seeking award of Rs. 10,000/- per month payable
learned counsel for the applicant that this is second application under Section 125 CrPC, which is not maintainable. First application under Section 125 ... carefully.
In this matter, as is evident from the record, application under Section 125 CrPC is pending before the Court concerned. First application
Criminal Revision Case No. 2587 of 2017 filed by the Appellant under
Section 397 / 401 of the Code of Criminal Procedure, 1973 (for short
“ ... Blast Case (JHCBBC)-cum-Additional Family
Judge, Hyderabad, under Section 125 the Code of Criminal Procedure
( Cr.P.C .) for maintenance.
11. The Respondent
