SAURABH LAVANIA
Shankh Saxena – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Hon'ble Saurabh Lavania, J.
1. Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. and perused the record.
2. By means of this application, the applicant has sought the following main relief(s):-
3. Vide order, under challenge, dated 31.08.2024, the Additional Principal Judge-7, Family Court, Lucknow (hereinafter referred to as "trial court") entertained the application preferred by the opposite party No. 2/Somya Saxena under Section 125 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") registered as Case No. 973/2023 (Somya Sinha vs. Shankh Kumar Saxena).
4. Brief facts of the case in hand are to the effect that an application dated 04.01.2023, r
Nagendrappa Natikar v. Neelamma reported in (2014) 14 SCC 452
Sanjeev Kapoor vs. Chandana Kapoor and others reported in (2020) 13 SCC 172
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.
Point of Law : Court is of firm opinion that even though fresh application filed by applicant under Section 125 Cr.P.C. being Criminal Misc. Application No. 387 of 2019 filed for the same relief/caus....
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 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.
Section 125 Cr.P.C. mandates maintenance for wives and children, emphasizing social justice and the husband's obligation to provide financial support.
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
A maintenance petition under Section 125 Cr.P.C. cannot be filed after a prior adjudication on the same matter, reinforcing the principle of res judicata.
The right to maintenance under S.125, CrPC is absolute and designed to ensure dignified living for spouses and children, despite claims of financial hardship by the husband.
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....
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....
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