Case Note & Summary
The petitioners, six family members including the husband and his relatives, challenged an order dated 15/06/2018 (actually 12/06/2018) passed by the Additional Sessions Judge, Sangli, in Criminal Appeal No.264 of 2017. The appeal was against the judgment of the Judicial Magistrate, First Class, Kadegaon, in Criminal Misc. Application No.132 of 2015, which had directed the petitioners to pay Rs.11,00,000 as compensation to the wife (Respondent No.1), return gold ornaments of 150 grams and other articles, pay monthly maintenance of Rs.9500/-, and hand over custody of their son Pravesh to the wife. The Additional Sessions Judge partly stayed the order: he stayed the compensation and return of ornaments but refused to stay the monthly maintenance and custody directions. The petitioners filed this writ petition seeking to stay the entire order pending appeal. The High Court, after hearing counsel, held that the appellate court's discretion to grant partial stay was not perverse and that the wife's right to maintenance and custody of the child are paramount. The court refused to interfere with the refusal to stay maintenance and custody, but noted that the stay on compensation and ornaments was already granted. The petition was partly allowed to the extent of staying the compensation and return of ornaments, but the maintenance and custody directions were upheld. The court directed the petitioners to continue paying maintenance and hand over custody as ordered.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Interim Stay - The petitioners challenged the order of the Additional Sessions Judge which partly stayed the Magistrate's order directing payment of Rs.11,00,000 compensation and return of gold ornaments, but refused to stay the monthly maintenance of Rs.9500/- and custody of son. The High Court held that the appellate court's discretion to grant partial stay was not perverse and refused to interfere, as the wife's right to maintenance and custody of the child are paramount. (Paras 1-2) B) Criminal Procedure Code - Stay of Execution - Section 357 CrPC - Compensation - The High Court noted that the appellate court had stayed the compensation and return of ornaments, which was not challenged by the wife. The petition was partly allowed to the extent of staying the direction to pay compensation and return ornaments, but the maintenance and custody directions were upheld. (Paras 2-3)
Issue of Consideration
Whether the Additional Sessions Judge erred in partly refusing to stay the order of maintenance and custody pending appeal, and whether the High Court should interfere with that discretion.
Final Decision
The High Court partly allowed the petition. It stayed the direction to pay compensation of Rs.11,00,000 and return gold ornaments and other articles, but refused to stay the direction to pay monthly maintenance of Rs.9500/- and hand over custody of son Pravesh to the wife. The petitioners were directed to comply with the maintenance and custody directions.
Law Points
- Maintenance under Section 125 CrPC
- Interim stay of execution pending appeal
- Discretion of appellate court in granting stay
- Protection of wife's right to maintenance and child custody
