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SANDEEP MEHTA, MANOJ KUMAR GARG
In Re A Ref. U/s 395 Cr. P. C. By District And Sessions Judge, Pali. – Appellant
Versus
Unknown – Respondent
JUDGMENT
Sandeep Mehta, J. - The learned Sessions Judge, Pali has forwarded a reference to this Court under Section 395 Cr.P.C. for answering the following legal questions:
(2) WHETHER the order passed by the Hon'ble Supreme Court in the case of Shahada Khatoon (supra) operates as binding precedent or it qualifies as a mere observation in light of the arguments advanced by the appellant in that case ?
(3) WHETHER clarification of the Hon'ble Supreme Court's Order in the case of Shahada Khatoon (supra) by Full Bench of the Kerala High Court in the case of Santosh V State and by the Hon'ble Bombay High Court in Gorakshnath's case (supra) are required to be read in light of the arguments advanced in the said case ?"
2. The matter was registered as D.B. Criminal Reference No.2/2020. This Court, vide order dated 06.01.2021, directed that a notice of the reference be published in the cause list so as to notify the members of th
The court established that a Magistrate can impose separate one-month sentences for each month of default in maintenance payments under Section 125(3) Cr.P.C.
The magistrate can impose a maximum of one month imprisonment for each month of default in maintenance payments under Section 125(3) of the Cr.P.C.
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
Non-payment of arrears of maintenance – Two jail sentences cannot be imposed for same default.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
A husband's imprisonment for non-payment does not absolve his obligation to pay maintenance; ongoing enforcement is essential to protect the recipient's welfare.
The main legal point established in the judgment is the discretion of the Magistrate to award maintenance from the date of the application or the date of the order, as per the circumstances of the ca....
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