Supreme Court of India Judgements

Showing posts with label Maintenance. Show all posts
Showing posts with label Maintenance. Show all posts

Friday, 22 February 2019

Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S.125Cr.P.C

sclaw.in
at February 22, 2019
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Tuesday, 29 January 2019

Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S. 125 Cr, P. C

sclaw.in
at January 29, 2019
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Labels: Maintenance

Saturday, 22 December 2018

Criminal Procedure Code, 1973, S.125--Maintenance--Proof of Marriage--Under S.125 Cr.P.C, strict proof of marriage is not necessary—Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy.

sclaw.in
at December 22, 2018
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Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA's nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

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