Order of maintenance passed under Section 125 Cr.P.C. The Saving
Clause contained in Section 362 Cr.P.C. entails that the rigour ... maintenance in strict senses as contemplated
under Section 125 of the Code of Criminal Procedure
or maintenance as contemplated under Section 20
under Hindu Marriage
submits on this ground itself the sub-section
(4) of Section 125 CrPC is attracted which states that a person living in
adultery ... purpose of Section 125 Cr.P.C has been laid down by the
Supreme Court in several judgments. The object of Section 125 Cr
application under Section 125 Cr.P.C should
mutatis mutandis be applicable to an application under Section 127 Cr.P.C
as well. No reason ... power under Section 127 Cr.P.C can be exercised either
during the pendency of the application under Section 125 Cr.P.C or also
filed under Sections 397/401 read
with Section 482 of the Code of Criminal Procedure, 1973, (hereinafter
referred to as the "Code") challenging ... Petitioners in
CRL.REV.P. 604/2018 under Section 125 of the Code was rejected and the
Petitioner No.1 in CRL
filed under Sections 397/401 read
with Section 482 of the Code of Criminal Procedure, 1973, (hereinafter
referred to as the "Code") challenging ... Petitioners in
CRL.REV.P. 604/2018 under Section 125 of the Code was rejected and the
Petitioner No.1 in CRL
maintainable in view of the bar under Section 362
Cr.P.C. Section 362 Cr.P.C reads as under:
"362. Court ... Section 125 Cr.P.C is not
hit by Section 362 Cr.P.C for the reason that an order under Section 125
Cr
Section 125 of the Code, and observed as follows:
"2. Be it ingeminated that Section 125 of the Code of
Criminal Procedure was conceived ... Supreme Court held as follows:
"3. Section 125 of the Code of Criminal Procedure is meant to
achieve a social purpose. The object
IPC at
Police Station Usmanpur, Delhi against the Respondent/husband
and his family
v. Subsequently, a petition under Section 125 CrPC was filed ... maintenance
for the food, clothing and shelter by a speedy remedy. Section 125 Cr.P.C
has been brought in to bring down the agony
under Section 125 Cr.P.C for grant of
maintenance stating that she was treated with cruelty and was thrown out of
CRL ... petition under Section 125 Cr.P.C.
13. The scope of the jurisdiction of the High Court under Sections
397 / 401 Cr.P.C. read
Section 125 of the Code, and observed as follows:
"2. Be it ingeminated that Section 125 of the Code of
Criminal Procedure was conceived ... pertinent to analyse Section
126 of the Cr.P.C which reads as under:
"126. Procedure.
(1) Proceedings under section 125 may be taken