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The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.
Even if the proceeding was ex-parte against the petitioner, still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.
Kerala High Court: While dismissing the criminal revision petition challenging the order passed by Lower Court, Kauser Edappagath, J. held
Karnataka High Court: John Michael Cunha J., while rejecting the present criminal revision petition, elaborated on scope and ambit of Section 397
Rajasthan High Court: Vijay Bishnoi, J., allowed a criminal revision petition seeking to set aside judgments convicting the petitioner with regard to
Allahabad High Court: A Single Judge Bench comprising of Rajeev Misra, J., dealt with this petition which was filed under Article 227
Himachal Pradesh High Court: A Single Judge Bench comprising of Tarlok Singh Chauhan, J., decided a criminal revision petition filed under Sections