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IN THE HIGH COURT OF JUDICATURE AT PATNA
| Table of Content |
|---|
| 1. maintenance application details and petitioner’s background. (Para 1) |
| 2. arguments regarding maintainability of revision against interim maintenance. (Para 4 , 5 , 6 , 7 , 21) |
| 3. court’s observations on classifications of maintenance orders. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20 , 24) |
| 4. interim maintenance orders are revisable under section 397. (Para 25) |
| 5. affirmation of interim maintenance order; revision dismissed. (Para 27) |
JUDGMENT :
Bibek Chaudhuri, J.
1. The petitioner is the husband of Opposite Party. Their marriage was solemnized on 8th of May, 2007. In the month of January, 2023, the Opposite Party filed an application under Section 125 of the Code of Criminal Procedure, praying for maintenance allowance, alleging, inter alia, that after solemnization of her marriage with the petitioner, it was consummated and in the wedlock, she gave birth to a male child, who is aged about 16 years. The petitioner deals with a catering business and earns Rs. 5 to 6 lakhs per year. It is also alleged that the petitioner is addicted to liquor and in the influence of intoxication, he used to treat the Opposite Party with cruelty. On 10th of December, 2
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 ....
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....
An order granting interim maintenance under Section 125 CrPC is an interlocutory order and not revisable.
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.
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
The court affirmed that while Section 125 of Cr.P.C. does not explicitly provide for ad-interim maintenance, it can be granted by implication in exceptional circumstances, emphasizing the need for ju....
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
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