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RAVINDRA MAITHANI
Seema Devi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.)
The challenge in this revision is made to the impugned order dated 29.07.2022, passed in Misc. Criminal Case No.105 of 2018, Smt. Seema & Others Vs. Yaspal Singh, by the court of Judge, Family Court, Kotdwara, District Pauri Garhwal (“the case”). By it, an application filed by the revisionists under Section 125 of the Code of Criminal Procedure, 1973 (“the Code”) has been rejected on the ground of maintainability.
2. Heard learned counsel for the parties and perused the record.
3. Facts necessary to appreciate the controversy, briefly stated, are as follows: the revisionist no.1 Smt. Seema Devi and the respondent no.2, Yaspal Singh, were married on 07.05.1996. They are blessed with three children. When there was a matrimonial discord, the revisionists filed an application under Section 125 of the Code on 25.03.2010, which was the basis of Maintenance Case No. 30 of 2010, Smt. Seema & Others Vs. Yaspal Singh, in the court of Judge, Family Court, Pauri Garhwal (“the first maintenance case”). The first maintenance case was decided on the basis of a compromise on 11.08.2010, by which the private respondent did agree to pay Rs. 6,000/- per month as mai
The main legal point established is that an order for maintenance under Section 125 of the Code remains operative until vacated or altered in accordance with the provisions of the Code.
The main legal point established in the judgment is the consideration of adjustment or set-off of maintenance amount awarded in previous proceedings under different statutes, as highlighted in the ca....
The need for adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
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 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.
An order of interim maintenance under Section 125 of the Cr.P.C. is an intermediate order and thus revisable under Section 397(1); it was affirmed by the Court as not suffering from illegality.
Section 125 Cr.P.C. establishes a continuing liability to pay maintenance and provides for its enforcement through Section 125(3). The provision serves a social purpose to prevent destitution and pro....
The main legal point established in the judgment is the consideration of financial resources, liabilities, and social status in determining maintenance under Section 125 of the Code.
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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