Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Family law Code of Criminal Procedure 1898 Maintenance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.362 – Court not to alter judgment – In the instant case, the Family Court disposed of the maintenance petition under s.125 CrPC filed by respondent-wife directing appellant-husband to pay monthly maintenance and the parties to the dispute to file petition for divorce by mutual consent – Husband paid the maintenance for four months only – Respondent- wife filed execution petition for enforcement of the order for payment of maintenance – Family Court rejected the execution petition holding that the order of maintenance was purely conditional and was subject to the fulfillment of respective obligations by the parties which they did not perform and, therefore, application under s.125(3) was not maintainable – Wife filed application for recalling the order passed in s.125 petition – Family Court restored the s.125 petition – Husband challenged the same by filing s.482 petition – High Court rejected the s.482 petition – On appeal, held: The Magistrate does not become functus officio after passing an order under s.125 – The section clearly contemplates that the Magistrate may have to exercise jurisdiction from time to time – The order passed in instant case by Family Court reviving the maintenance application of the wife under s.125 by setting aside order passed on settlement is not hit by the embargo contained in s.362 – Plea of husband that s.362 prohibited the Magistrate to restore the maintenance application was not tenable – High Court did not commit an error in rejecting the application under s.482 – The inherent powers of the High Court given under s.482 are to be exercised to secure the ends of justice – Family Court did substantial justice in reviving the maintenance application of the wife – High Court erred in interfering in exercise of its jurisdiction under s.482 Cr.P.C. – Family law – Maintenance – Code of Criminal Procedure, 1898 – s.369. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 215 |
Petitioner | Sanjeev Kapoor |
Respondent | Chandana Kapoor & Ors. |
SCR | [2020] 1 S.C.R. 663 |
Judgement Date | 2020-02-19 |
Case Number | 286 |
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