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SAURABH LAVANIA
Laiq Ahmad – Appellant
Versus
State Of U. P. Thru. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
(C.M.A. No. 1 of 2024 in re: Application for Condonation of Delay)
1. Heard Shri Mohammad Abbas Zaidi, learned counsel appearing for the revisionist and learned A.G.A. appearing for the State.
2. By means of the instant revision filed under Section 19(4) of the Family Court Act, 1984, the revisionist has assailed the letter dated 06.07.2024, alleged to be an order, and the order dated 05.04.2023 passed by the Family Court on an application seeking interim maintenance preferred under Section 125 Code of Criminal Procedure, 1973 (in short "Cr.P.C.") by the respondent no. 2 in Case No. 580 of 2021 (Smt. Naneden Bano and 2 Others Vs. Laiq Ahmad), instituted under Section 125 Cr.P.C., whereby the Family Court awarded Rs. 1,000/- to each applicant as interim maintenance.
3. The Additional Principal Judge, Family Court No.2, Lucknow (in short "Family Court'), vide letter/order dated 06.07.2024 directed the Regional Manager, Awadh Depot Workshop, Qaiserbagh, U.P.S.R.T.C., Lucknow to deposit the amount before the Family Court after deducting the same from the salary of the revisionist.
4. The instant revision has been filed along with an application seeking condonat
Section 125 Cr.P.C. mandates maintenance for wives and children, emphasizing social justice and the husband's obligation to provide financial 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....
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....
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....
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 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 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 established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
Alteration of maintenance allowance under Section 127 Cr.P.C. can be done by trial Court on the ground of change of circumstances
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.
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