hence, the mother of the minor children filed a petition under
Section 128 ... learned
Judge, Family Court, ought to have resorted to the procedures
contemplated under Section 128 Cr.P.C., by issuing a distraint
warrant
proceedings under Section 125(3) of Cr.P.C. In the case on hand, the petition was filed under Section 128 of ... Section 125(3) of Cr.P.C. The Court was not inclined to give any findings in respect of the proceedings under Section 128
128 Cr.P.C., is sufficient to grant the remedy under Section
125(3) Cr.P.C. Even assuming that quoting Section 128 ... following two
decisions. After referring to the provisions of Section 125(3) and Section
128 of Cr.P.C., the Hon'ble Supreme Court
limitation for proceeding under Sec.128 Cr.P.C.
5. 128 Cr.P.C reads as follows:
128. Enforcement of order of maintenance.
A copy ... taken the case under Sec.125(3) Cr.P.C. However, the petition has been filed under Sec.128 Cr.P.C for enforcement
legal infirmity for
non-compliance with Sections 87 , 125(3) , and 128 of the Code of
Criminal Procedure, 1973?
(iii) Whether the issuance ... admitted arrears by the wife under Section 125(3) read with 128 of the
Code of Criminal Procedure ,1973. However, it is pertinent to mention
proceedings under Section 125(3) of Cr.P.C. In the case on hand, the petition was filed under Section 128 of ... Section 125(3) of Cr.P.C. The Court was not inclined to give any findings in respect of the proceedings under Section 128
Cr.P.C. for remedy is to resort recovery of the
same by invoking Section 421 Cr.P.C., alone. Reading of Section 421 ... defaulter.
12. Thus, a combined reading of Section 125(3) Cr.P.C., Section
128 Cr.P.C. and Section 421
before the District Munsif cum Judicial Magistrate, Sivagiri under
Section 128 of Cr.P.C., towards the execution of the order of maintenance amount
awarded ... Court to Section 126 of Cr.P.C. and
128 of Cr.P.C . Even as per the Section 126 of
provisions given in Chapter IX of the Code of Criminal Procedure comprising of Sections 125 to 128 constitute a complete Code in itself. It further ... Court under Section 125(1), Cr.P.C. without recourse to Section 125(3) and Section 421 of Cr.P.C.
75. Incidentally, this question
maintenance was granted under Section 125 of the Code of Criminal Procedure, then the enforcement alone comes under Section 128 , Code ... Criminal Procedure. But under Section 7 of the Act, transitional provision is made only for Section 125 , or Section 127 , Code of Criminal Procedure, which
