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VINOD DIWAKAR
Rajesh Babu Saxena – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Vinod Diwakar, J.
In Re: Criminal Misc. Delay Condonation Application No. 01 of 2023
Heard learned counsel for the revisionist, learned A.G.A. for the State-respondent, and perused the record.
2. This criminal revision is reported to be filed beyond time by 192 days.
3. Cause shown for delay is sufficient.
4. Accordingly, the delay in filing the instant revision is condoned.
5. Consequently, the instant application is allowed.
6. Office to allot its regular number.
In Re: Criminal Revision
7. The present criminal revision has been preferred seeking quashing of the impugned ex-parte judgment and order dated 12.3.2021 passed by Principal Judge, Family Court, Meerut, in Case No.408 of 2006 titled as Smt. Soniya Saxena @ Seema and another v. Rajesh Babu Saxena, under Section 125 Cr.P.C., and recovery warrant dated 18.8.2023 passed in Execution Case No.110 of 2022, P.S. Kotwali, District Meerut.
8. This criminal revision raises an interesting legal question. The family court issued the maintenance order sixteen years after the maintenance application was filed under section 125 Cr.P.C., contrary to statutory requirements which provides that an application for the monthly allowanc
The court emphasized the necessity for timely resolution of maintenance applications under Section 125 Cr.P.C. to prevent injustice and uphold the rights of vulnerable parties.
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....
Section 125 Cr.P.C. mandates maintenance for wives and children, emphasizing social justice and the husband's obligation to provide financial support.
Judicial officers must maintain integrity in personal litigation; timely resolution of maintenance applications is essential to prevent destitution.
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
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....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
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