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SANJAY DHAR
Jaswant Singh, S/o. Bhai Kehar Singh – Appellant
Versus
Gurcharan Kour, W/o. S. Jaswant Singh – Respondent
ORDER :
CM No. 6007/2023
1. This is an application seeking condonation of delay in filing the revision petition against the order dated 31.05.2023 passed by the Additional Principal Judge, Family Court, Jammu, whereby in a proceeding under Section 125 Cr.P.C., interim maintenance has been granted in favour of the respondent. It has been submitted that after obtaining certified copy of the impugned order, the petitioner filed a petition under section 482 Cr.P.C. bearing CRM(M) No. 767/2023 challenging the impugned order passed by the learned Family Court and during the course of the hearing of the said petition, it was realized by the petitioner that the petition is not maintainable, as in terms of provisions of the Family Courts Act, the order in question is revisable in nature. Accordingly, the petition was dismissed as withdrawn with a liberty to avail appropriate remedy. This was done in terms of order dated 06.09.2023 passed by this Court. According to the petitioner, the period between 02.09.2023 to 06.09.2023 during which he was prosecuting the petition under section 482 Cr.P.C. under bona fide mistaken belief deserves to be excluded, while computing the period of limitation.
The main legal point established in the judgment is that the right to claim maintenance under Section 125 of Cr.P.C. must date back to the date of filing the application, as per the interpretation es....
An order granting interim maintenance under Section 125 CrPC is an interlocutory order and not revisable.
The central legal point established in the judgment is the obligation of the husband to provide maintenance under Section 125 Cr.P.C. to prevent destitution and support the wife and children.
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
The court affirmed the obligation of a husband to provide maintenance to his wife under Section 125 of CrPC, especially when she is unable to support herself due to circumstances arising from the hus....
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
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