IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Ruchi – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petition against the order dated 15.02.2023 passed by learned Additional Sessions Judge -II, Solan, District Solan vide which the revision filed by the petitioners (the applicants before the learned Trial Court) against the order dated 24.07.2018, passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan (H.P.) (learned trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the applicants filed an application before the learned Trial Court under Section 125 of Criminal Procedure Code (Cr.P.C.) for seeking maintenance. It was asserted that the applicants are the daughters of the respondent. Applicant No.1 was aged 19 years and applicant No.2 was aged 14 years. They have no source of income to maintain themselves. The respondent being their father is legally and morally bound to maintain them. Applicant No.1 was a student of BA second year in Degree College at Kalka. She required about Rs.three thousand per month for tran
A magistrate cannot award maintenance to a major married daughter under Section 125 of the Criminal Procedure Code.
The main legal point established in the judgment is that an order of maintenance affects the right of a person drastically and substantially, hence, it cannot be treated as an interlocutory order and....
The court upheld the ex-parte maintenance order, affirming that proper service was established and the Magistrate's discretion in service methods is valid under the Criminal Procedure Code.
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....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
The court emphasized that maintenance amounts must match the living standards and financial capabilities of both parties, rejecting the husband's claim of poverty due to his affluent background.
The court emphasized the limited scope of revisional jurisdiction, stating it cannot re-evaluate evidence already considered by the lower court.
The main legal point established in the judgment is the maintainability of a maintenance petition filed by a petitioner for herself and on behalf of her minor brother, and the exercise of suo motu po....
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