V. R. K. KRUPA SAGAR
Shaik Mahboob Subhani – Appellant
Versus
Shaik Azima – Respondent
ORDER :
V.R.K. Krupa Sagar, J.
A Muslim husband filed this Criminal Revision Case under Sections 397 and 401 of Code of Criminal Procedure (‘Cr.P.C.’) impugning that part of the order of the learned trial Court which has gone against his interest.
2. Respondent No.1 is a woman who claimed maintenance before the Court below and she is stated to be the wife of the revision petitioner. Respondent No.2 is the State.
3. Heard Sri Mekala Ramamurthy, the learned counsel for revision petitioner and Sri Subba Rao Jandhyam, the learned counsel for respondent No.1.
4. A few facts are to be noticed :
Smt. Shaik Azima filed a petition under Section 125 Cr.P.C. claiming a monthly maintenance of Rs.10,000/- and for costs and other reliefs. That case was registered as M.C.No.7 of 2018. She made this claim against Sri Shaik Mahaboob Subhani, who is the revision petitioner here. On 14.10.2018 learned Judge, Family Court-cum-VIII Additional District Judge, Prakasam at Ongole disposed of the said maintenance claim by granting monthly maintenance of Rs.5,000/- to the petitioner therein. At paragraph No.3 of the said order, it is stated that the respondent- Sri Shaik Mahaboob Subhani was served with notice bu
A Family Judge can impose payment conditions when setting aside an ex parte maintenance order under Sections 125 and 126 Cr.P.C.
Court upheld that a Family Court can impose payment terms when setting aside an ex parte maintenance order, ensuring the entitlement of a spouse to maintenance is preserved.
The court emphasizes the necessity of maintenance obligations during matrimonial litigation, allowing penalties for non-payment to ensure equity in proceedings.
An ex-parte maintenance order can be challenged through specified statutory remedies, and failing to utilize these avenues renders a revision petition unmaintainable.
Procedural fairness is essential in maintenance proceedings; lack of proper notice and inadequate verification of financial claims rendered the subsequent ex-parte order unsustainable.
The court affirmed that ex-parte proceedings are valid when a party fails to appear, and maintenance can be estimated based on available evidence and circumstances.
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