apparent from the bare reading of Section 126 read with Section
128 of the Cr.P.C. that a person may file for maintenance ... Code of Criminal
Procedure providing for maintenance of wives and children
intends to serve a social purpose. Section 488 prescribes
CRL. REV. P. 614/2018
anything contained in the
Code of Civil Procedure , 1908 (hereinafter referred to as the ‗ CPC '),
Cr.P.C . or any other ... provisions, i.e., Section 125 to Section 128.
Thus, a conjoint reading of sub-section (1) and sub-section (2) of
Section
under
Section 24 HMA (before the Family Court);
b) Section 20(6) of the DV Act, before the Judicial Magistrate;
c) Section 128 CrPC ... enforced under Section 28-A of
the Hindu Marriage Act, 1955; Section 20(6) of the DV Act; and Section 128
of CrPC
section (6) of Section 19 of the said Act is applicable only in
respect of sub-section (1) and not sub-section (4) of Section ... Sections 125
to 128) in view of the mandate of sub-section (2) of Section 19
of the said Act.
iii. The remedy of criminal
Section 18 of
the Family Courts Act, 1984 and Order XXI Rule 94 of the CPC for
executing an Order passed under Section ... Family Court);
(ii) Section 20(6) of the DV Act (before the Judicial Magistrate);
and
(iii) Section 128 of Cr.P.C. before the Magistrate
under Section
28-A of the Hindu Marriage Act, 1955; Section 20(6) of the DV Act; and
Section 128 of CrPC ... civil court as per the provisions
of the CPC , more particularly Sections 51, 55, 58, 60 read with Order
21."
10. Learned counsel
different acts such as
Hindu Marriage Act, Family Courts Act, CPC, Code of Criminal
Procedure and D.V. Act in relation to execution ... under Section 28-A of the Hindu Marriage Act, 1955;
Section 20(6) of the DV Act; and Section 128 of CrPC
section (6) of Section 19
of the said Act is applicable only in respect of sub-section
(1) and not sub-section (4) of Section ... Sections 125 to 128) in view of the mandate of sub-
section (2) of Section 19 of the said Act.
iii. The remedy of criminal
powers of the High Court to act under Section 482 of the Code of Criminal Procedure have also been clearly spelt ... accused cannot approach the High Court under Section 482 of the Code of Criminal Procedure or under Article 227 of the Constitution to have
128/2014 under Section
354 / 323 IPC registered at P.S. Yamuna Depot, district: Railway
and Metro and proceeding emanating therefrom be quashed.
8. Section ... power under Section 482 Cr.P.C. does not function
as a court of appeal or revision. The powers under Section 482
