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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Patel Bharatbhai Narsinhbhai Shankarbhai – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief under article 226. (Para 1) |
| 2. husband-wife dispute over maintenance and alimony. (Para 4 , 6) |
| 3. jurisdictional limits under article 227. (Para 9 , 12 , 13) |
| 4. customary divorce and maintenance rights. (Para 10 , 11) |
| 5. conclusion: petition dismissed. (Para 14 , 15 , 16) |
ORDER :
J.C. DOSHI, J.
1. In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs :-
“(A) Your Lordships may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or direction, any other appropriate writ, order or quashing and setting aside the order dated 05.07.2016 passed by the learned Additional Chief Judicial Magistrate First Class, Mehsana in Criminal Misc. Application No.774 of 2009 as well as the order dated 30.09.2021 passed by the learned Sessions Judge, Mehsana, in Criminal Revision Application No.78 of 2016;
(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the implementation, execution and operation of the order dated 05.07.2016 passed by the learned Additional
A wife's statutory right to maintenance under Section 125, CRPC cannot be waived or altered by any agreement in a divorce deed, as such clauses are void for being against public policy.
Maintenance rights under Section 125 of the Criminal Procedure Code are statutory and cannot be waived through mutual agreements, protecting the interests of both divorced spouses and their children.
Proceeding under Section 125 of the Cr.P.C. therefore should precede a proceeding under Section 127 of the Cr.P.C.
A ruling affirmed that maintenance can be enhanced under Section 127 of the CrPC after permanent alimony, emphasizing the need for consideration of changing circumstances.
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
The main legal principle established is that a destitute wife is not required to prove ill-treatment or cruelty to claim maintenance under section 125 of the Criminal Procedure Code, and the father h....
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