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YOGENDRA KUMAR SRIVASTAVA
Hema – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Dr. Yogendra Kumar Srivastava, J.) :
1. Heard Sri Sujan Singh, learned counsel for the petitioners, Sri Pankaj Saxena, learned A.G.A.I appearing for the State-respondent and Ms. Niharika Dubey, learned counsel appearing for the respondent no. 2.
2. The present petition has been filed seeking to assail the order dated 02.01.2023 passed by the Principal Judge, Family Court, Agra in Misc. Case No. 2053 of 2022, under Section 125 Cr.P.C., arising out of Maintenance Case No. 783 of 2014 (Smt. Hema and another Vs. Dhirendra Pratap Singh).
3. The order dated 02.01.2023, which is subject matter of challenge in the present petition, was passed upon an application No. 3A filed by the petitioners seeking a recall of an earlier order dated 29.10.2022 and to restore the case to its original number.
4. The aforesaid application was dismissed by the Principal Judge, Family Court stating that after dismissal of an application under Section 125 Cr.P.C., no application seeking restoration of the case was entertainable. It was also observed that the petitioner could file a second application under Section 125 Cr.P.C.
5. Attention of the Court has been drawn to the factual aspects of the c
The court established that the provisions of Sections 125, 126, and 127 Cr.P.C. allow for the recall and modification of maintenance orders, and that Section 362 Cr.P.C. does not impose a bar on such....
The court affirmed that a second application under Section 125 Cr.P.C. is maintainable despite the dismissal of the first without liberty, emphasizing the continuing duty to maintain.
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....
The court emphasized the summary nature of the proceedings under Section 125 of the Code of Criminal Procedure, 1973, and the objective to provide immediate relief to the applicant.
The court established that enforcement of maintenance orders under Section 125 Cr.P.C. must be pursued through Section 128 Cr.P.C., as the latter provides the appropriate legal framework for such enf....
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
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....
(1) Section 125 Cr.P.C. is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution – Conceptualisation of Section 125 was m....
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.
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