Proceedings under Section 125 Cr.P.C. are civil in nature.

Iqbal Bano vs State of UP and Anr

Supreme Court


Appeal (crl.) 795 of 2001

About/from the judgment:

Proceedings under Section 125 Cr.P.C. are civil in nature. Even if the Court notices that there was a divorced woman in the case in question, it was open to him to treat it as a petition under the Act considering the beneficial nature of the legislation. Proceedings under Section 125 Cr.P.C. and claims made under the Act are tried by the same Court. In Vijay Kumar Prasad v. State of Bihar and Ors. (2004 (5) SCC 196), it was held that proceedings under Section 125 Cr.P.C. are civil in nature.

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