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DEEPAK GUPTA, ANIRUDDHA BOSE
Pratima Devi – Appellant
Versus
Anand Prakash – Respondent
Key Points: - The High Court’s stay order without reasoned grounds was criticized; maintenance should be paid unless very special reasons exist. (!) - The Family Court had granted maintenance ex-parte to wife and minor son; the High Court's stay order is set aside and payment as awarded by the Family Court is directed. (!) (!) - The Higher Court may pass a reasoned order after hearing the parties; this order does not prevent the High Court from confirming, modifying, or vacating the Family Court’s order. (!) - The decision emphasizes the duty of a husband/father to maintain his wife and child unless very special reasons exist. (!) - The appeal proceedings relate to maintenance under Section 125 CrPC. (!) - The respondents/appeal involved ex-parte maintenance award of Rs. 20,000 total (Rs. 10,000 to wife and Rs. 10,000 to minor). (!) - The High Court’s stay order was found to reflect total non-application of mind. (!)
ORDER :
1. Leave granted.
2. Though served, no one appears for the respondent. The appellants, the wife and minor son of the respondent had filed a petition for grant of maintenance under Section 125 of the Criminal Procedure Code before the Principal Judge, Family Court, Karkardooma Courts, Delhi. The Principal Judge by order dated 03.10.2017 passed an order granting maintenance @ Rs.20,000/- to the appellants, (Rs. 10,000/-to the wife and Rs. 10,000/-to the minor son). This order was passed ex-parte. The respondent filed an application for setting aside the ex-parte order which application was rejected on 05.09.2018. Aggrieved, the respondent filed criminal revision No. 986 of 2018 before the High Court. Along with revision petition an application for stay was filed. The orders passed in the said petitions read as follows :
List on 25th November, 2019, in the meantime, execution proceedings be kept in abeyance.”
3. We are constrained to observe that this order shows total non-application of mind on the part of the High court. This was a case where maintenance had been granted to a wife and to a minor son. The High Court without recording any reas
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