Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | not legally married wife wife minor daughter s.125 Maintenance Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973:s.125 – Maintenance – Application for maintenance filed by the respondent (wife) for herself and for her minor daughter – Trial court partly allowed the claim and awarded Rs. 2000/- p.m. towards maintenance for her minor daughter but rejected the claim in so far as it related to the respondent on the ground that she was not legally married wife of the appellant – Respondent filed revision in High Court – High Court remanded the case to trial court to decide application afresh – On husband’s appeal, held: High Court erred in remanding the case to trial court for fresh inquiry and for fixing the maintenance for the respondent (wife) – The need to remand the case to the trial court is called for only when some factual inquiry's required to be held to decide any factual issue involved in the case which cannot be undertaken at the revision stage or when it is noticed that there is no finding on any particular factual issue recorded by the trial court or when additional evidence is filed for the first time at the appellate/revision stage which requires examination by the trial court in the first instance and to record a finding in the light of such additional evidence – Such was not the case here because all the material for fixing the maintenance was on record – Appellant was working as Constable in RPF and his monthly salary was between Rs.30,000/- to Rs.35,000/- per month– Therefore, Rs.8,000/- is fixed as monthly maintenance payable by the appellant (husband) to the respondent (wife) – Appellant(husband) to pay a total sum of Rs.10,000/- every month to the respondent (wife), i.e., Rs.8,000/- towards maintenance for the respondent (wife) and Rs.2,000/- towards maintenance for minor daughter which is already fixed by the trial court and is upheld as being just and proper – Revisionary jurisdiction – Maintenance. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 332 |
Petitioner | Manik Kutum |
Respondent | Julie Kutum |
SCR | [2019] 2 S.C.R. 916 |
Judgement Date | 2019-03-07 |
Case Number | 448 |
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