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SUMEET GOEL
Vaneet Singla – Appellant
Versus
Nidhi Gupta – Respondent
JUDGMENT :
Sumeet Goel, J.
1. This order shall decide two criminal revision petitions bearing numbers CRR(F)-343 of 2024 and CRR(F)-1648 of 2024 filed by the rival parties against inter-alia, a common order dated 23.08.2023 passed by Additional Principal Judge, Family Court, Ludhiana, in case bearing CIS No. MNT/125/1944/2019.
2. In order to ward off any confusion, while appreciating the facts of the case, the parties in the present case are referred to as husband and wife, respectively.
3. Facts germane to the adjudication of the present case are that the marriage between the parties was performed on 25.09.2006. Out of their wedlock twin daughters were born on 25.06.2007. In view of the differences having arisen between the husband and wife, both started living separately and both the daughters of the couple have been residing with the wife.
4. The wife along with both the minor daughters, filed a petition under Section 125 of the Cr.P.C. in the Family Court, Ludhiana seeking maintenance for their sustenance. The said maintenance petition was finally decided by the Family Court vide impugned order dated 23.08.2023, thereby granting maintenance of Rs.20,000/- per month to the wife; and
The right to cross-examine witnesses is fundamental in maintenance proceedings, and its curtailment without just cause is legally impermissible.
The court affirmed that willful default in maintenance payments justifies striking off a defense in family law proceedings.
The court affirmed that non-compliance with maintenance orders can lead to striking off the defense in family law cases, ensuring dependents receive necessary support.
Important points:The power to strike off defences can be exercised by the Family court in cases of civil nature handled by it when the wilfull default of the respondent to comply with the direction t....
The court emphasizes the necessity of maintenance obligations during matrimonial litigation, allowing penalties for non-payment to ensure equity in proceedings.
The court allows a party to present evidence when prior absence was due to miscommunication, ensuring fairness in proceedings.
Striking off the defense in maintenance proceedings should be a last resort, requiring prior opportunity for compliance and consideration of alternative enforcement measures.
The main legal point established in the judgment is that the power to strike off the defence in a proceeding under Section 125 of the Code of Criminal Procedure should be exercised as a last resort, ....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just....
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