under Section 125 Cr.P.C. Invariably the maintenance has been granted. After the grant of maintenance when the proceedings under Section 125 ... 128 in Chap. IX of the Cr.P.C . provide elaborate procedure for the purpose of maintenance of wives, children and parents. Section 125 contemplates
Section 5 of the MW Act provides for option to be governed by the provisions of Sections 125 to 128 CrPC. It lays ... they would prefer to be governed by the provisions of Sections 125 to 128 Cr.P.C.
24. What also emerges from the discussion held
Principal Judge, Family Court, Barpeta dated
01.03.2023, passed in F.C. (Crl) Case No. 39/2022, nor the respondent informed Mr.
Dewan as to whether ... that the sole respondent on 17.03.2023 filed a petition under
Section 128 CrPC for enhancement of the said order of maintenance
COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./860/2024
ISHAAN SAIKIA
S/O BUBUL SAIKIA
R/O VILL ... counsel for the petitioner that there is no
such provision under Section 128 Cr.P.C. for recovery of money by keeping the person
enforced under
Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V.
Act; and Section 128 of ... civil court as
per the provisions of the CPC , more particularly Sections 51, 55, 58,
60 r.w. Order XXI."
11. This Court
enforcement of the order of maintenance Section 128 of the Cr.P.C,
1973 (corresponding to Section 147 of BNSS, 2023), provides, which is quoted ... provisions of Sections 125 (3) of the Cr.P.C, 1973
(corresponding to Section 144 (3) of the BNSS, 2023) and 128 of the
enforced under Section 28A of the
Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of
... civil court as per the provisions of the CPC , more
particularly Sections 51, 55, 58, 60 r.w. Order XXI.
In view
thereafter only on 29.08.2023 the respondent filed a petition
u/s 125 Cr.PC for execution of the final order dated 20.10.2014 and also prayed ... petition was filed only u/s 128 Cr.PC and
there is no such provision of issuing of NBWA for recovery of arrear amount.
However
Chapter IX of the Code of Criminal Procedure hereinafter referred as the 'Code' in its Section 128 provides for enforcement of order
Cr.P.C. is very wide, moreso, when Section 401(2) of Cr.P.C. provides that no order under Section 482(2) ... Singh Mann 2001 Cri LJ 128 (supra) is quoted below:
There is no provision in the Code of Criminal Procedure authorizing the High Court
