Case Note & Summary
The petitioner, Pradip Dhore, challenged two orders passed by the 3rd Joint Civil Judge Senior Division, Akola: (1) an order dated 8/9/2016 directing him to pay interim maintenance of Rs. 2500/- per month to his wife, the respondent, and Rs. 8000/- towards litigation expenses; and (2) an order dated 7/3/2018 rejecting his application (Exh.19) which sought to bring to the court's notice an earlier order dated 24/6/2016 passed by the Judicial Magistrate First Class, Patur under Section 125 CrPC granting maintenance of Rs. 3000/- per month. The petitioner argued that the civil court ought to have considered the earlier criminal court order to avoid conflicting maintenance orders. The trial court rejected the application relying on a judgment of the Bombay High Court in Writ Petition No. 3791/2016 (Prakash Babulal Dangi v. State of Maharashtra), which was subsequently stayed by the Supreme Court. The High Court held that the civil court must consider the earlier order under Section 125 CrPC while passing an order under Section 24 of the Hindu Marriage Act to ensure consistency and avoid conflicting orders. The impugned order dated 7/3/2018 was set aside, and the matter was remanded to the trial court for fresh consideration of the application (Exh.19). The court also directed that the interim arrangement of Rs. 3000/- per month as per the earlier order would continue until the trial court decides the application.
Headnote
A) Family Law - Maintenance - Interim Maintenance - Consideration of Prior Orders - Hindu Marriage Act, 1955, Section 24 - Code of Criminal Procedure, 1973, Section 125 - The issue was whether a civil court granting interim maintenance under Section 24 of the Hindu Marriage Act must consider an earlier order under Section 125 CrPC. The court held that such consideration is necessary to avoid conflicting orders and to ensure consistency. The impugned order rejecting the husband's application was set aside and the matter remanded for fresh consideration. (Paras 2-9)
B) Civil Procedure - Interim Orders - Stay by Supreme Court - Effect - The court noted that the judgment in Prakash Babulal Dangi v. State of Maharashtra, relied upon by the trial court, was stayed by the Supreme Court. Therefore, the trial court could not have relied on it. (Para 4)
Issue of Consideration
Whether the civil court while passing an order of interim maintenance under the Hindu Marriage Act ought to take into consideration an earlier order passed under Section 125 of the Code of Criminal Procedure, 1973.
Final Decision
The impugned order dated 7/3/2018 passed below Exhibit-19 is set aside. The matter is remanded to the trial court for fresh consideration of the application (Exh.19) in accordance with law. The interim arrangement of Rs. 3000/- per month as per the earlier order under Section 125 CrPC shall continue until the trial court decides the application.
Law Points
- Maintenance
- Interim Maintenance
- Hindu Marriage Act
- Section 125 CrPC
- Conflict of Orders
- Consideration of Prior Orders
Case Details
2022 LawText (BOM) (06) 85
WRIT PETITION NO. 2715 OF 2018
Mr. R. N. Ghuge for Petitioner, Mr. V. B. Bhise for Respondent
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Nature of Litigation
Writ Petition challenging orders of interim maintenance and rejection of application for consideration of prior criminal court order.
Remedy Sought
Petitioner sought setting aside of orders dated 8/9/2016 and 7/3/2018 and direction to consider earlier order under Section 125 CrPC.
Filing Reason
Petitioner contended that the civil court failed to consider an earlier order under Section 125 CrPC while granting interim maintenance under the Hindu Marriage Act.
Previous Decisions
Order dated 24/6/2016 by Judicial Magistrate First Class, Patur under Section 125 CrPC granting Rs. 3000/- per month; order dated 8/9/2016 by 3rd Joint Civil Judge Senior Division, Akola granting Rs. 2500/- per month under Section 24 Hindu Marriage Act; order dated 7/3/2018 rejecting application (Exh.19) for consideration of the earlier order.
Issues
Whether the civil court while passing an order of interim maintenance under the Hindu Marriage Act ought to take into consideration an earlier order passed under Section 125 of the Code of Criminal Procedure, 1973.
Submissions/Arguments
Petitioner submitted that the earlier order under Section 125 CrPC could not be brought to the notice of the court when the impugned order dated 8/9/2016 was passed, and the application (Exh.19) was wrongly rejected relying on a judgment that was subsequently stayed by the Supreme Court.
Respondent argued in support of the impugned orders.
Ratio Decidendi
A civil court while passing an order of interim maintenance under Section 24 of the Hindu Marriage Act must take into consideration an earlier order passed under Section 125 of the Code of Criminal Procedure, 1973 to avoid conflicting orders and ensure consistency.
Judgment Excerpts
The question as to whether orders claimed to have been passed under Section 125 of the Code of Criminal Procedure ought to be taken into consideration while passing an order under Section 24 of the Hindu Marriage Act, is no longer res integra.
This Court is of the opinion that the impugned order dated 7/3/2018 deserves to be set aside and the matter deserves to be remanded to the court below for fresh consideration of the application (Exh.19).
Procedural History
The petitioner filed an application under Section 24 of the Hindu Marriage Act before the 3rd Joint Civil Judge Senior Division, Akola. The court passed an order dated 8/9/2016 granting interim maintenance of Rs. 2500/- per month and Rs. 8000/- towards expenses. Subsequently, the petitioner filed an application (Exh.19) seeking to bring to the court's notice an earlier order dated 24/6/2016 under Section 125 CrPC granting Rs. 3000/- per month. The trial court rejected the application on 7/3/2018 relying on a judgment of the Bombay High Court in Writ Petition No. 3791/2016. The petitioner then filed the present writ petition. On 4/5/2018, this Court granted stay subject to the petitioner continuing to pay Rs. 3000/- per month as per the earlier order and Rs. 8000/- towards expenses.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
- Hindu Marriage Act, 1955: 24
