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ASHUTOSH KUMAR, MOHIT KUMAR SHAH, HARISH KUMAR
Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—In the case of marital discord of one Dr. Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma, the Principal Judge, Family Court, Munger in Maintenance Case No. 153 of 2014 directed him to pay Rs. 15,000/- per month as an ad interim maintenance to his wife/opposite party No. 2 as also his children. There was a further direction to pay Rs. 10,000/- as lump sum amount towards the cost of expenses and Rs. 1,000/- for each date in the proceeding as the recurring cost of litigation.
2. Dr. Dilip Kumar challenged the aforenoted order passed by the Family Court under Section 482 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.).
3. A question of maintainability was raised by opposite party No. 2 on the strength of a judgment of Division Bench of this Court in Md. Akil Ahmad vs. The State of Bihar and Another : 2016 (4) PLJR 968 [: 2017 (1) BLJ 40].
4. In the afore-noted judgment, after going through the scheme of the Family Courts Act, 1984 (in short the Act of 1984) and the provisions contained in Chapter IX of the Cr.P.C., the Division Bench had conclusively held that from a conjoint reading of Sections 10 and 20 of the Act of 1984, the inherent power of the
The main legal point established is that an order for interim maintenance under Section 125 of Cr.P.C is not an interlocutory order, allowing for the maintainability of criminal revision against such....
The main legal point established in the judgment is that an order of maintenance affects the right of a person drastically and substantially, hence, it cannot be treated as an interlocutory order and....
An order of interim maintenance under Section 125 of the Cr.P.C. is an intermediate order and thus revisable under Section 397(1); it was affirmed by the Court as not suffering from illegality.
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
An order granting interim maintenance under Section 125 CrPC is an interlocutory order and not revisable.
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
The court emphasized the summary nature of the proceedings under Section 125 of the Code of Criminal Procedure, 1973, and the objective to provide immediate relief to the applicant.
The court affirmed the implied power to grant ad-interim maintenance under Section 125 of the Cr.P.C. to ensure social justice, despite the lack of explicit statutory provision.
An interim maintenance order under Section 24 of the Hindu Marriage Act is interlocutory and not appealable under Section 19 of the Family Courts Act; thus, Article 227 is the appropriate remedy.
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