AI Overview...
Summary of SCC Online SC 1451 (2023)
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Judgment Date and Context: Delivered on 06/11/2023, the Supreme Court in Jitesh Sharma (2023 SCC Online SC 1451) addressed issues related to maintenance, guardianship, and procedural compliance in family law cases.
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Main Points and Insights:
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Non-compliance with Guidelines: The Court observed that many lower courts have failed to adhere to the guidelines established in Rajnesh v. Neha (2021) 2 SCC 324, particularly regarding the assessment of maintenance under Section 125 Cr.P.C. and Section 24 of the Hindu Marriage Act, 1955. Many courts have overlooked procedural mandates, leading to inconsistent and often unjust decisions Paragraphs 14 & 15.
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Liability of Fathers for Maintenance: The Court reaffirmed the legal position that a father's obligation to maintain his child persists until the child attains majority, emphasizing the general applicability of this principle even when discussed in different contexts B. Prakash S/O Late N. Bharathan vs Lazitha S. D/O Sukumari Amma - Kerala, Ratheesh. S. S/o G. surendran VS Sreelekshmi. S. D/o Sreedeviamma - Kerala, B.PRAKASH vs LAZITHA S - Kerala, Santosh Kumar Jaiswal VS State of U. P. - Allahabad.
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Reversal of Lower Court Decisions: Multiple instances highlight that decisions by Family Courts, such as in Khurda and Bengaluru, were set aside due to procedural lapses and improper fixation of maintenance and visitation rights without proper basis SRI MATHEN THOMAS THOPPIL vs SMT THRESI EMMANUEL RAMAPURAM - Karnataka, Nabaghana Sahoo VS Smruti Prava Sahoo - Current Civil Cases.
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Importance of Proper Procedure and Guidelines: The Court stressed the importance of following procedural guidelines laid out in Rajnesh to ensure fair and consistent judgments, including proper assessment of maintenance and visitation rights Ratheesh. S. S/o G. surendran VS Sreelekshmi. S. D/o Sreedeviamma - Kerala.
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Analysis and Conclusion:
- The Supreme Court’s judgment underscores the necessity for lower courts to strictly follow established guidelines, especially in family law matters involving maintenance and guardianship, to prevent arbitrary decisions.
- It reaffirms the legal obligation of fathers to maintain their children until they reach majority, reinforcing the principle's broad applicability.
- The decision also highlights the Court’s role in correcting procedural irregularities, ensuring justice is administered according to law and guidelines.
References:
- Jitesh Sharma, 2023 SCC Online SC 1451
- Rajnesh v. Neha (2021) 2 SCC 324
- Mukesh Jain, (2020) 17 SCC 822
- Various orders setting aside lower court judgments for procedural lapses and improper fixation of maintenance.
Search Results for "2023 Scc Online Sc 1451"
• India - Current Civil Cases
G. SATAPATHY
guidelines – In this case, Trial Court having not followed provisions of guidelines issued in Rajnesh [(2021) 2 SCC ... Jitesh Sharma; (2023) SCC Online SC 1451, wherein the Apex Court at paragraphs-14 & 15 has held thus:- “14. ... Mukesh Jain, MANU/ SCOR/ 21339/ 2019: (2020) 17 SCC 822). ... In the result, the revision stands allowed and the impugned judgment dated 22.07.2023 passed by learned Judge Family Court, Khurda in Criminal Petition No.431 of 2017 is hereby ....
2024 Supreme(Online)(KAR) 18572 • India - High Court of Karnataka
M. NAGAPRASANNA, J
The order dated 14.12.2023 passed in G& W.C. ... No.120/2023 by the I Additional Principal Judge, Family Court, Bengaluru is set aside. ... The petitioners challenged the order dated 14.12.2023, altering visitation rights and imposing maintenance without proper basis. ... Jitesh Sharma reported in 2023 SCC online SC 1451. ... The order dated 14.12.2023 passed in G& W.C. No.120/2023 by the I Additional Principal Judge, Family Court,....
2025 Supreme(Online)(ORI) 181 • India - Orissa High Court
G. Satapathy, J
Neha, (2021) 2 SCC 324 relevant for maintenance proceedings. ... Result - The involved revision has been allowed; the Family Court’s decision dated 22.07.2023 is set aside and remitted for fresh ... Jitesh Sharma; (2023) SCC Online SC 1451, wherein the Apex Court at paragraphs-14 & 15 has held thus:- “14. ... In the result, the revision stands allowed and the impugned judgment dated 22.07.2023 passed by learned Judge Family Court, Khurda in Criminal Petition No.431 o....
2024 0 Supreme(Ker) 867 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G.AJITHKUMAR
Jitesh Sharma, 2023 SCC Online 1451 where it was held that the liability and responsibility of the father to maintain the child continues till the child attains the age of majority. The Apex Court held so in a different context, but that proposition of law has general application.
2024 Supreme(Online)(KER) 19043 • India - High Court of Kerala
P. G. Ajithkumar, J
Jitesh Sharma [2023 SCC online 1451] where it was held that the liability and responsibility of the father to maintain the child continues till the child attains the age of majority. The Apex Court held so in a different context, but that proposition of law has general application.
2024 0 Supreme(Ker) 1687 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR
Jitesh Sharma [2023 SCC online 1451] where it was held that the liability and responsibility of the father to maintain the child continues till the child attains the age of majority. The Apex Court held so in a different context, but that proposition of law has general application.
2024 0 Supreme(All) 368 • India - Allahabad
MAYANK KUMAR JAIN
Jitesh Sharma 2023 SCC Online SC 1451 observed as under: “8. The manner in which maintenance payable under Section 24 of the Hindu Marriage Act, 1955 or Section 125 Cr. P.C. is to be assessed, was considered by this Court in its celebrated judgment in Rajnesh v. ... Mukesh Jain, (2020) 17 SCC 822]. ... The learned District Judge without appreciating the argument advanced on behalf of the applicant dismissed the appeal vide order dated 11.04.2023. ... Present application under Section 4....
2025 0 Supreme(Pat) 462 • India - Patna
BIBEK CHAUDHURI
Neha, reported in (2021) 2 SCC 324 [: 2021 (1) BLJ 1 (SC)] and in Aditi @ Mithi vs. Jitesh Sharma, reported in 2023 SCC Online SC 1451. 15.
2025 0 Supreme(Ker) 256 • India - Kerala
KAUSER EDAPPAGATH
Jithesh Sharma [(2023) SCC OnLine SC 1451] which was delivered on 06/11/2023 noticed that guidelines in Rajnesh (supra) have not been followed by many courts in the country while fixing the maintenance, either interim or final. ... Mukesh Jain, 2020 (17) SCC 822 : 2019 SCC OnLine SC 1915). ... Neha and Another [(2021) 2 SCC 324] regarding the requirement of the parties in a proceeding under Section 125 of Cr.P.C. to file an ....
2025 0 Supreme(Pat) 467 • India - Patna
P. B. BAJANTHRI, S. B. PD. SINGH
Neha reported in (2021) 2 SCC 324 read with Aditi @ Mithi vs. Jitesh Sharma reported in (2023) SCC OnLine SC 1451 read with Pravin Kumar Jain vs. Anju Jain reported in 2024 SCC OnLine SC 3678. 24. ... Neha reported in (2021) 2 SCC 324 read with Aditi @ Mithi vs. Jitesh Sharma reported in (2023) SCC OnLine SC 1451 read with Pravin Kumar Jain vs. ... Anju Jain reported in 2024 #HL_....
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