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UDAY UMESH LALIT, VINEET SARAN
Rakesh Malhotra – Appellant
Versus
Krishna Malhotra – Respondent
Key Points: - The Court holds that an application under Section 125 CrPC can be treated and considered as one under Section 25(2) of the Hindu Marriage Act. (!) - After grant of permanent alimony under Section 25, a maintenance claim under Section 125 CrPC can be pursued only through the Section 25(2) route, not as a separate Section 125 application, per the preferred interpretation and remedy alignment. (!) - Section 25(2) empowers the court to vary, modify, or rescind a maintenance order upon a change in circumstances, and such modification can be done by the same court exercising powers under Section 25(2) or 25(3). (!) - The decision directs that the 125 CrPC petition be treated as a Section 25(2) petition and that the High Court consider the pending matter within six months. (!) (!) - The appeal was allowed and the High Court’s view was set aside in favor of treating the 125 application as Section 25(2) maintenance proceedings. (!) - The court noted the permanency element in the Section 25 order while allowing modification only upon change in circumstances. (!) (!) - The matter includes additional guidance on evaluating maintenance quantum, accounting for earnings, status, and alimony already awarded, with directions to proceed accordingly. (!) (!)
ORDER :
Delay condoned.
Leave granted.
2. These appeals arise out of the Judgment and Final Order dated 14.12.2017 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Revision No.807/2014 and also out of the Order dated 02.05.2018 in Misc. Crl. Case No.4414 of 2018.
3. In the present case, in matrimonial proceedings initiated by the respondent-wife seeking dissolution of marriage under Section 13(1)(i-a) & (i-b) Hindu Marriage Act, 1955 [“the Act” for short], decree for dissolution was passed by the Court of First Additional District Judge, Vidisha (M.P.) in Case No.87-A/2011 to the following effect:
“(a) Marriage solemnized between petitioner Rakesh Malhotra and respondent Smt. Krishna Malhotra on 21.09.1999 is declared dissolved after expiry of limitation period. After expiry of limitation period of appeal, petitioner and respondent would not remain husband and wife any more.
(b) In compliance of the order dated 23.01.2012 passed by the Hon’ble M.P. High Court, Gwalior Bench in Writ Petition No.6762/11 Rakesh Malhotra versus Smt. Krishna, in case amount of maintenance allowance payable during pendency of the case is due, petitioner would pay the same within the p
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