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SUMEET GOEL
Rahul Dewan – Appellant
Versus
Micky Dewan – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
Present revision petition has been preferred against the order dated 23.01.2024 as well as order dated 01.04.2024 passed by the Additional Principal Judge, Family Court, Gurugram (hereinafter to be referred as the ‘concerned Family Court’). At the outset; it is noticeable herein that, though in the prayer clause in the instant revision petition, challenge has been laid to the order dated 23.01.2024 as also order dated 01.04.2024 passed by the concerned Family Court but a copy of the order dated 23.01.2024 has not even been annexed in the instant revision petition. The opening sheet in the instant revision also shows that challenge has only been laid to order dated 01.04.2024 passed by the concerned Family Court. Also, no arguments have been raised by learned counsel for the rival parties qua veracity of order dated 23.01.2024. Therefore; it is indubitable that, in essence, challenge has been only laid to order dated 01.04.2024 passed by the concerned Family Court. The said order dated 01.04.2024 passed by the concerned Family Court reads as under:-
The court affirmed the implied power to grant ad-interim maintenance under Section 125 of the Cr.P.C. to ensure social justice, despite the lack of explicit statutory provision.
The court affirmed that while Section 125 of Cr.P.C. does not explicitly provide for ad-interim maintenance, it can be granted by implication in exceptional circumstances, emphasizing the need for ju....
An order of interim maintenance under Section 125 of the Cr.P.C. is an intermediate order and thus revisable under Section 397(1); it was affirmed by the Court as not suffering from illegality.
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
A husband can contest a wife's claim for interim maintenance on grounds of adultery, but must provide sufficient evidence to support this claim.
The main legal point established in the judgment is the importance of speedy disposal of maintenance petitions under Section 125 of Cr.P.C. to prevent destitution and vagrancy, as well as the duty of....
The obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
Section 125 Cr.P.C. mandates maintenance for wives and children, emphasizing social justice and the husband's obligation to provide financial support.
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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