Topic
Uttarakhand HC held that a substantive residence, even if temporary, satisfies territorial jurisdiction under Section 126(1) CrPC for Section 125 maintenance claims, overturning the Family Court, Nainital’s dismissal for lack of jurisdiction.
Allahabad High Court rules that imposing 50% of maintenance arrears as a precondition for restoration applications under Section 126 CrPC is arbitrary and illegal. The Court reduced the cost to Rs. 1,00,000, reinforcing that procedural requirements must align with principles of natural justice and cannot impose undue financial burdens on litigants.
Allahabad High Court dismisses a criminal revision petition, ruling that Section 126(2) CrPC provides an efficacious alternative remedy to set aside ex parte maintenance orders, thereby barring parallel revision proceedings. The decision reinforces procedural hierarchy in maintenance disputes under the CrPC, impacting litigants seeking redressal against ex parte orders.