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SUBRAMONIUM PRASAD
Urvashi Aggarwal – Appellant
Versus
Inderpaul Aggarwal – Respondent
JUDGMENT
Subramonium Prasad, J. - CRL. M. A. 11083/2021
1. This Application under Section 482 Cr.P.C. has been filed for seeking the review of the Order of this Hon'ble Court dated 14.06.2021 in Criminal Revision Petition 549/2021 wherein this Court had granted a sum of Rs. 15,000/- per month as interim maintenance to the revisionist/Petitioner No.1 till the Petitioner No. 2 completes his graduation or starts earning, whichever is earlier.
2. Mr. Digvijay Rai, Counsel for the Respondent, has put forth four grounds for recalling the Order dated 14.06.2021 rendered by this Hon'ble Court:
i. The learned Counsel for the Respondent has submitted that the impugned Judgement fails to deal with Amarendra Kumar Paulv. Maya Paul & Ors., (2009) 8 SCC 359, wherein the Supreme Court had held that according to Section 125 of the Cr.P.C., an application for grant of maintenance is maintainable so far as the concerned children have not attained majority. It is stated that Petitioner No. 2 had attained majority on 14.08.2018, and completion of graduation would entail maintenance being given till 14.08.2021.
ii. It has been submitted by Mr. Rai that this Hon'ble Court has proceeded on the ground that the
The duty of the father to provide sustenance for his children, including contributing to their education, and the need for liberal interpretation of social welfare legislations to fulfill their purpo....
(1) Section 125 Cr.P.C. is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution – Conceptualisation of Section 125 was m....
(1) Section 125 Cr.P.C. is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution – Conceptualisation of Section 125 was m....
The obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
Broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of t....
The main legal point established in the judgment is the duty of the husband to provide maintenance to his wife and children, even if the wife is earning some income. The judgment also emphasizes the ....
A father is liable to maintain his unmarried daughter only until she attains majority unless she proves inability to maintain herself due to physical or mental disability, per Section 125 CrPC.
The discretion of the Magistrate in awarding maintenance and the need to prevent vagrancy and destitution were the central legal principles established in the judgment.
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