Which court has jurisdiction under 125 of CrPC?
The remedy provided by Section 125 is summary in nature, and the substantive disputes with respect to dissolution of marriage can be determined by a civil court / family court in an appropriate proceeding, such as the Hindu Marriage Act, 1956.
Is section 125 CrPC civil or criminal?
Proceedings u/s 125 CrPC are civil in nature.
What is jurisdiction under CrPC?
Section 177 of CrPC postulates that ordinarily inquiry of every offence shall be done by the court within whose local jurisdiction the offence was committed. The word ordinary used here is to suggest that this provision is not imperative, and the place of trial and inquiry can be changed.
What is the object of section 125 of CrPC?
As the object of Section 125 of the Code is mainly to prevent vagrancy; the requirement to pay maintenance should be only in respect of persons who are unable to maintain themselves. The inability of the wife to maintain herself is a condition precedent to the maintainability of her application for maintenance.
Who is wife for the purpose of section 125 CrPC?
MEANING OF ‘WIFE’ UNDER SECTION 125 OF CrPC: The section applies only to the abandoned wife and not to the abandoned mistress. “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.”
Can wife claim maintenance without divorce under section 125 CrPC?
Even without divorce, maintenance comes when she is separated from her husband or her husband has separated from her without any proper reason. Maintenance can be claimed by the wife under Section 125, CRPC.
How many jurisdictions are there in India?
There are 24 High Courts in the country, three having jurisdiction over more than one State….Annexure ‘A’
| Name | Allahabad |
|---|---|
| Year | 1866 |
| Territorial establishment jurisdiction | Uttar Pradesh |
| Seat | Allahabad (Bench at Lucknow) |
Who can investigate under CrPC?
Sec 156 of CRPC offers power to Police Officer to investigate a cognizable case without the order from a Magistrate.
How do you quash 125 CrPC?
1. See there is no quashing available for 125 crpc.at this stage you can pray before court that since the prosecution is not avilable for evidence her petition can be dismissed for non prosecution or the her evidence can be closed and the matter can be kept for the respondent evidence.
Can wife claim maintenance without divorce under section 125 CRPC?
How is maintenance under Section 125 of CrPC?
The section provides that when any person neglects to maintain his wife, children or parents they can claim maintenance by filing the application to the Magistrate. The Magistrate will bind that person with such monthly rate as he thinks fit.
What kind of jurisdiction does a magistrate have under CrPC 125?
1. The jurisdiction conferred by the S. 125 CrPC on the Magistrate (or ld. APJ-PJ as the case may be of a Family Court) is more in the nature of a “preventive” rather than a “remedial jurisdiction” and it is certainly not “ punitive ”. 2.
What does Section 125 of the Cr.P.C do?
Section 125 (1) of the Cr.P.C empowers the courts to order maintenance to helpless related-persons to prevent criminal conduct compelled by destitution and starvation. To comprehend the nature and circumstance in which such an order can be passed, it is essential to reproduce the section.
What is Section 125 to 128 of Criminal Procedure Code, 1973?
Section 125 to 128 of Criminal Procedure Code, 1973 deal with the grant of maintenance by a person who neglects to maintain his wife, parents or children. It is a common legal axiom that says “ ubi jus ibi remedium”, i.e. where is right there is the remedy.