MAINTENANCE (125crpc)
The legal definition of maintenance is the financial support that is paid by
one ex-spouse to another pursuant to a legal separation or divorce.
This financial support is for the wife’s or the divorced wife’s livelihood, for
her children, for the maintenance of the property, and in certain cases, even
to enable her to be adequately represented in the lawsuit.
. Section 125 to 128 Crpc provide for a speedy, effective and rather inexpensive
remedy against persons who neglect or refuse to maintain their dependant
wives, children and parents.
Under the Hindu Personal Law, the maintenance of women comes under
the Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act,
1956.
Muslim Women (Protection of Rights on Divorce) Act, 1986
Indian Divorce Act, 1869 provides for the maintenance of the wife by the
husband
Restitution of conjugal rights(sec 9 Hindu marraige act)
The term ‘Conjugal Rights’ in literal sense means ‘ Right to stay together
When either the husband or the wife has, without reasonable excuse,
withdrawn from the society of the other, the aggrieved party may apply, by
petition to the district court, for restitution of conjugal rights
Execution (36-74, order 21)
execution” means implementing or enforcing or giving effect to an order or a
judgment passed by the court of justice.
Mode of executing a decree
By delivery of any property (movable or immovable) specifically
decreed.
By sale of the property with or without the attachment of the
property. If the property is situated within the jurisdiction of the
court then it has the power to attach the property.
By arrest and detention. However, this mode should not be
exercised without giving a reasonable opportunity to the judgment-
debtor, in the form of a show-cause notice as to why he should not
be imprisoned.
Execution by appointing a receiver.
Bail application
Bail application is filed before the court under Form 45 in the 2nd
schedule for the release of a person in custody. The bail is filed by the
advocate on behalf of the accused. The accused has to furnish bond and
sureties before the court then he is released on the bail.
There are three types of bail:
1. Bail in bailable offences
2. Bail in non-bailable offences
3. Anticipatory bail
Section 436 of the Code of Criminal Procedure provides for the bail of a person
alleged of committing a crime which is bailable in nature. The bail is the right of
the person this section further casts an obligatory duty on the police or the court
to grant bail to the person alleged of committing crime bailable in nature
Under Section 437 of the code of criminal procedure if any person is suspected
of, alleged of, detained for committing any non-bailable offence is arrested
without warrant or appears before a court other than a high court or court of
sessions,he may be released on bail
The anticipatory bail is granted under Section 438 of the Code of Criminal
Procedure. If a person has an apprehension or reason to believe that he can be
arrested for any non-bailable office, then he can go for the anticipatory bail.
Affidavit (139cpc order 19)
a written declaration signed by a person who implements, swears, verifies,
and affirms under oath’ is known as an affidavit.
Probate
Probate is defined under the Indian Succession Act, 1925 as – “A copy of
will certified under the seal of the court
Probate can be granted only to the executor of the will.
Probate is conclusive proof that the will was executed validly, is genuine,
and is the deceased’s last will.
Caveat(148A)
let a person be aware
caveat as a warning given by an individual to the court that no order or
judgment shall be passed without giving notice or without hearing the
caveator.
