with the scope of S. 488(3) of the Code which is identical with the present Section 125(3) , Cr.P.C. observed at page ... proviso applicable to both the limbs of procedure contemplated under sub- section 3 of Section 125 , Cr.P.C. I hold on point
course, Section 53 refers to that. But Section 53 deals with
punishment and in the instant case while considering
Section 125(3) ... order is passed
under Section 125(3) Cr.P.C read with 128 Cr.P.C . In
Section 3 of the General Clauses
section 125(3) of
the Criminal Procedure Code insofar as the same is relevant
for our purpose is similar to subsection (3) of section ... month."
Criminal Procedure Code 1882 replaced the old Criminal
Procedure Code 1861. Similar provisions were made in
section 316 of the Code
whether in
exercise of powers under sub-section (3) of Section 125 of the
Criminal Procedure Code, it is open for the Magistrate to sentence ... down the proposition that under Sub-section (3) of
Section 125 of the Criminal Procedure Code, it is not
open for the Magistrate to pass
order passed under Section 125(1), Cr.P.C.
43. Therefore, combined reading of Section 125(1) and Section 125(3) makes it manifestly clear ... maintenance ordered by the Court under Section 125(1), Cr.P.C. without recourse to Section 125(3) and Section 421 of
dismissed
Crl.Mis.225/2014. It appears that the wife initiated one
more proceeding under Section 125 (3) of Criminal
Procedure Code, for a direction ... maintainability of
Crl.Mis.78/2016 in the light of the first proviso
to Section 125 (3) of Code of Criminal
Procedure.
(vi) The Appellate
criminal revision petition under
Section 397 read with Section 401 and 482 of the Code of Criminal
Procedure,1973( Cr.P.C hereunder) and Section ... 125(3) Cr.P.C for recovery of arrear which
Crl.Rev.P.5/2020
Page 3 of 13
was registered as FC/UDP/3
Court, while observing that Section
488 of the Code of Criminal Procedure, which is pari material to
Section 125(3) of the Act, held that ... ordered to pay maintenance under sub-section (1) of
Section 125 of the Code of Criminal procedure, 1973 fails without
sufficient cause to comply with
date of filing of the application under Section 125 of the Code of
Criminal Procedure ( CrPC ). As the respondent-husband had not complied ... What the proviso contemplates is that the
procedure for recovery of maintenance under Section 125(3) CrPC, namely, by
construing the same
refusal under
Section 125(4) and 125(5) Cr.P.C, we have the second proviso to
Section 125(3) Cr.P.C, which makes ... second proviso to Section 125(3) as also Section 125(4) and
125(5) of the Code.
37. We now come to the quantum
