Section 125 Cr.P.C. has been inserted in the Code of Criminal Procedure , 1973. In the old Code of 1898, it was section ... section (4) of Section 125 Cr. P.C. Sub-section (4) of Section 125 Cr. P.C. provides as under :-
"(4) No wife shall
paying maintenance to his wife by virtue of
Section 125(4) of the Code of Criminal Procedure, 1973, if his wife
refuses to abide ... exception, was envisaged
under Section 488(4) of the old Code, which is replicated, almost
verbatim, in Section 125(4) Cr.P.C. It reads
125(3) Cr.P.C as also S.125(4)
Cr.P.C, it is now trite must telescope into S.125(1) ... second proviso to Section 125(3) as also Section 125(4) and
125(5) of the Code.
37. We now come to the quantum
expression, "living in adultery" in Sub-section (4) of Section 125 , Criminal Procedure Code. It is urged that the said expression speaks ... adultery" within the meaning of Sub-section (4) of Section 125 , Criminal Procedure Code. In this case, it was found that considering the evidence
amount of previous one year under Section 125(3) of the Code of Criminal Procedure, 1973 can continue for recovery of the future amount also ... payment of maintenance is governed by Section 125(4) of the Code, which reads as under :--
"(4) No wife shall be entitled to receive
High Court
has observed that:
"4. Sub-section (4) of Section 125 of the Code of
Criminal Procedure, which is in the following terms ... being the case
by virtue of Sub-section (4) of Section 125 of the Code
of Criminal Procedure, she would not be entitled
wife
remains entitled to maintenance under Section 125 Cr.P.C., and
the bar under Section 125(4) does not apply post-divorce, even
where ... made out for interference under
Section 482 CrPC / Section 528 BNSS. The challenge founded on
Section 125(4) CrPC is contrary
entitled to claim maintenance from the petitioner herein under section 125 [4] Cr.P.C . The learned counsel would further contend that the petitioner being ... maintenance under section 125 Cr.P.C. and whether she is dis-entitled or dis-qualified to claim maintenance under section 125 [4]
import of the term
"Sufficient Reason" contained in Section 125(4) Cr.P.C. Further, the
documents exhibited ... Cr.P.C.:-
"11. Section 125(4) Cr. P.C. reads thus:
"125(4) No wife shall be entitled to receive
an allowance
persons coming under all the categories of Section 125 of Code of Criminal Procedure. Further, Section 125(4) of- Code of Criminal Procedure disentitles ... defined under Section 125(1) Explanation (b) of Code of Criminal Procedure is entitled for maintenance. The scope of Section 125(4) has since been
