Acts and Sections Discussed:

1. Criminal Procedure Code (CrPC), 1973:

   • Section 125: Maintenance to wife.
   • Section 482: Inherent powers of the High Court.

2. Hindu Marriage Act, 1955:

   • Section 25: Permanent alimony and maintenance.

Para 1-3: Procedural Background

• Delay in filing and refiling the Special Leave Petition (SLP) is condoned, and leave is granted.
• The appellant challenges the High Court’s order dated 20.12.2019, which restored her Section 125 CrPC petition for maintenance.

Para 4: Background of the Case

• The appellant was married to the respondent in 2006 and obtained a divorce decree on grounds of cruelty in 2016.
• The Supreme Court had earlier passed directions (dated 30.09.2019) for clubbing and expediting related cases before the High Court and trial court.

Para 5: High Court’s Order Dated 20.12.2019

• The High Court allowed the appellant’s Section 482 petition, setting aside the Family Court’s order dismissing her Section 125 CrPC petition for non-prosecution.
• The Section 125 CrPC petition was restored and directed to be decided on merits by the Family Court, Agra, within three months.

Para 6-7: Supreme Court’s Observations

• The Supreme Court found no reason to interfere with the High Court’s order, as it was in favor of the appellant and restored her Section 125 petition.
• The Court remarked that the appellant should have appeared before the Family Court to pursue her case instead of challenging the High Court’s favorable order before the Apex Court.

Para 8: Status of Other Cases

• Contempt petitions related to non-payment of maintenance were dismissed for non-prosecution on 24.08.2024.
• The First Appeal under the Hindu Marriage Act (Section 25) was decided by the High Court on 20.12.2019, directing adjudication of permanent alimony within three months.

Para 9: Criticism of Lengthy Synopsis

• The appellant, appearing in person, filed an excessively detailed synopsis (128 pages).
• The Court directed the Registry to ensure litigants trim down lengthy filings, particularly for cases involving personal appearances.

Para 10: Decision

• The civil appeal was dismissed, as the Supreme Court found no grounds to interfere with the High Court’s favorable order.

Ratio Decidendi:

1. Favorable Orders Should Not Be Challenged Without Valid Grounds:

   • A litigant should not seek appellate interference with orders that are favorable unless there are substantive reasons.
   • The High Court’s order restored the petition dismissed for non-prosecution and directed expeditious adjudication.

2. Judicial Discipline and Procedural Efficiency:

   • Litigants should pursue remedies before the appropriate forum (Family Court in this case) instead of escalating matters unnecessarily.

Subjects:

Criminal Procedure Code (CrPC) – Section 125 (Maintenance of Wife)
Hindu Marriage Act – Section 25 (Permanent Alimony and Maintenance)

• Criminal Law
• Family Law
• Maintenance Rights
• Section 125 CrPC
• Hindu Marriage Act Section 25
• Litigants in Person
• Procedural Fairness