S.125 CRPC MAINTENANCE PROCEEDINGS ARE CIVIL DESPITE PENAL CONSEQUENCES FOR BREACH: SUPREME COURT
Case Name: Rina Kumari Vs. Dinesh Kumar Mahto
When the wife has a valid reason for her refusal to comply with the decree of restitution of conjugal rights, the court ruled that she is still entitled to claim maintenance from her husband given under Section 125 of Cr.P.C. It held that though failure to comply with maintenance orders attracts Criminal penalties, they are essentially civil proceedings.
Legal Provisions:
- Section 125, The Code of Criminal Procedure, 1973- Order for maintenance of wives, children, and parents.
Source: SUPREME COURT
NEWBORN CUSTODY GRANTED TO MOTHER WHO IS A MINOR RAPE VICTIM: MADHYA PRADESH HC
Case Name: Prosecutirix X Vs. the State Of Madhya Pradesh And Ors.
The MP High Court granted custody of a newborn child to the minor mother who is a rape victim under the guardianship of her parents, despite its earlier orders directing the state to take care of the child if born alive. The court also ordered the State Government to assist whenever needed and to pay all the medical expenses.
Source: MADHYA PRADESH HIGH COURT
APPLICATION FOR TIME EXTENSION CAN’T BE REJECTED FOR CITING INCORRECT PROVISION: HIMACHAL PRADESH HC
Case Name: Mangal Chand and Ors Vs. LAC NHAI and Ors.
The arbitrator was granted an extension of time to the previous 6-month extension given, as the earlier order was not properly communicated to the arbitrator. The Court rejected the respondent’s argument noting that the wrong legal provision mentioned (Section 151 CPC instead of Section 29A(4), The Arbitration And Conciliation Act) in the application for time extension, doesn’t make it invalid.
Legal Provisions:
- Section 151, The Code of Civil Procedure, 1908- Saving of inherent powers of Court
- Section 29A(4) , The Arbitration And Conciliation Act, 1996-Extension of Mandate of Arbitral Tribunal
Source: HIMACHAL PRADESH HIGH COURT
Also Read- (DAILY CURRENT AFFAIRS 12 JANUARY 2025)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri
