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2020 Supreme(SC) 180

ASHOK BHUSHAN, R.SUBHASH REDDY
SANJEEV KAPOOR – Appellant
Versus
CHANDANA KAPOOR – Respondent


Advocates Appeared:
For the Appellant(s) :Rishabh Jain, Bhaskar Vali, Pramit Saxena, Advocates

Judgement Key Points

This petition is maintainable as it pertains to the exercise of jurisdiction by the Family Court under the provisions of the Criminal Procedure Code, specifically Section 125 Cr.P.C., which provides a statutory remedy for maintenance claims. The Family Court has the authority to modify, set aside, or revive maintenance orders based on the circumstances of the case, including non-compliance with settlement terms or changing conditions of the parties (!) (!) .

Furthermore, the order passed by the Family Court to set aside and restore the maintenance petition falls within its jurisdiction to ensure justice and fairness, especially when the original terms of settlement have not been honored. The High Court’s decision to dismiss the challenge under Section 482 Cr.P.C. indicates that the petition was properly filed within the scope of the law and that the Family Court’s actions were within its legal powers (!) .

Additionally, the procedural aspects, such as notice and opportunity to be heard, appear to have been observed, which further supports the petition’s maintainability. The legal framework recognizes that maintenance orders are not final in perpetuity and can be revisited when justified, making such petitions valid and appropriate in the circumstances described (!) (!) .

In summary, given the statutory provisions, the jurisdictional scope of the Family Court, and the procedural safeguards, this petition is maintainable as a legitimate legal remedy to address the ongoing support obligations and to uphold the rights of the aggrieved party.


JUDGMENT

ASHOK BHUSHAN, J.

This appeal has been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 05.11.2019 in CRM-M-4663 of 2019 filed by the appellant for setting aside the order dated 05.01.2019 passed by the Addl. Principal Judge, Family Court, Faridabad. The High Court dismissed the petition filed under Section 482 Cr.P.C. by the appellant.

2. Brief facts of the case necessary for deciding this appeal are:

The appellant was married to respondent No.1 on 04.11.1998. On 17.08.199 a daughter was born and on 18.07.2005 a son was born out of their wedlock. An application under Section 125 Cr.P.C. was filed by respondent No.1 on 09.07.2013 against her husband claiming maintenance for respondent No.1 as well as respondent Nos.2 and 3, minor daughter and son. On 14.10.2013 the appellant filed a petition for divorce against respondent No.1. On the reconciliation efforts made by the Family Court parties settled the matter amicably on the terms and conditions recorded separately in the Court. As per the settlement the appellant was to pay Rs.25,000/- per month towards the maintenance of the respondents with effect from July, 2015 upto April, 2017. With e


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