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C. S. DIAS
Elon Christ Stephen – Appellant
Versus
Steaphen Antony Venasious, S/o. Johny Nicolas Venasious – Respondent
ORDER :
Can an application filed under Section 125 of the Code of Criminal Procedure be dismissed for default?
2. The revision petitioner, through his mother, had filed M.C.No.68/2022 before the Family Court, Pala, against his father ? the respondent ? under Section 125 of the Code of Criminal Procedure (‘Code’ for short) for an order of maintenance. The revision petitioner has averred in the application that he was born on 1.4.2023 in the wedlock between the respondent and his mother. Due to the cruelty meted out to his mother by his father, his mother was compelled to leave the matrimonial home in her advanced stage of pregnancy with the revision petitioner. The respondent has willfully refused to maintain the revision petitioner since his birth. Hence, the revision petitioner was constrained to file the application for maintenance.
3. Along with the application, the revision petitioner had filed a miscellaneous application for interim maintenance. The Family Court allowed the miscellaneous application and ordered the respondent to pay the revision petitioner interim maintenance @ Rs.12,000/-per month. Yet, the respondent refused to pay maintenance, and the revision petitioner filed
An application for maintenance filed under Chapter IX cannot be dismissed for default as there is no implicit power granted to do so under the relevant provisions.
Section 125 Cr.P.C. establishes a continuing liability to pay maintenance and provides for its enforcement through Section 125(3). The provision serves a social purpose to prevent destitution and pro....
The court upheld that maintenance cases should not be dismissed for default when the petitioner is unable to appear due to circumstances beyond their control, reinforcing a parent's responsibility to....
The main legal point established is that an order for maintenance under Section 125 of the Code remains operative until vacated or altered in accordance with the provisions of the Code.
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 established that enforcement of maintenance orders under Section 125 Cr.P.C. must be pursued through Section 128 Cr.P.C., as the latter provides the appropriate legal framework for such enf....
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
The main legal point established in the judgment is that the purpose of section 125 of Cr.P.C. is to prevent vagrancy and destitution, and it is a measure of social justice to protect women and child....
The court established that the provisions of Sections 125, 126, and 127 Cr.P.C. allow for the recall and modification of maintenance orders, and that Section 362 Cr.P.C. does not impose a bar on such....
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