Case Note & Summary
The petitioner, Vikas Balakdas Mahant, challenged an order dated 16th October 2014 passed by the Family Court No.1, Nagpur, in Petition No. E-472 of 2013, which allowed an interim maintenance application filed by his wife (respondent no.1) and minor daughter (respondent no.2). The respondents had filed a petition under Section 125 of the Criminal Procedure Code, 1973 (CrPC) seeking maintenance at the rate of Rs.10,000/- and Rs.15,000/- respectively. The Family Court granted interim maintenance without giving the petitioner an adequate opportunity to file his reply or be heard. The High Court noted that the marriage between the petitioner and respondent no.1 on 9th April 1995 was undisputed, and the paternity of respondent no.2 was not denied. The daughter was a minor and a meritorious student requiring educational expenses. The petitioner argued that the impugned order was passed in violation of principles of natural justice. The High Court agreed, observing that the Family Court had not provided sufficient opportunity to the petitioner to present his case. Consequently, the High Court set aside the impugned order and remanded the matter to the Family Court for fresh consideration of the interim maintenance application after hearing both parties. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Interim Maintenance - The Family Court allowed interim maintenance to the wife and minor daughter without affording the husband sufficient opportunity to present his case. The High Court held that the order was passed in violation of principles of natural justice and set it aside, remanding the matter for fresh consideration after hearing both parties. (Paras 1-6)
Issue of Consideration
Whether the Family Court's order granting interim maintenance to the wife and daughter without giving the husband an adequate opportunity to be heard is sustainable in law.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 16th October 2014 passed by the Family Court No.1, Nagpur, and remanded the matter to the Family Court for fresh consideration of the interim maintenance application (Exh.6) after hearing both parties. Rule made absolute.
Law Points
- Interim maintenance under Section 125 CrPC
- Natural justice
- Right to be heard
- Remand for fresh consideration
Case Details
2015 LawText (BOM) (09) 151
Criminal Writ Petition No. 5 of 2015
Mr. U.A. Gosavi for petitioner; Mr. Masurkar holding for Mr. M.G. Wagh for respondents
Mrs. Savita Vikas Mahant and Ku. Shamli Vikas Mahant
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Nature of Litigation
Criminal writ petition challenging an order of interim maintenance passed by the Family Court under Section 125 CrPC.
Remedy Sought
Petitioner sought setting aside of the Family Court's order granting interim maintenance to his wife and minor daughter.
Filing Reason
The petitioner alleged that the Family Court passed the interim maintenance order without giving him adequate opportunity to be heard, violating principles of natural justice.
Previous Decisions
The Family Court No.1, Nagpur, allowed the interim maintenance application (Exh.6) in Petition No. E-472/2013 on 16th October 2014.
Issues
Whether the Family Court's order granting interim maintenance was passed in violation of principles of natural justice.
Whether the impugned order should be set aside and the matter remanded for fresh consideration.
Submissions/Arguments
Petitioner argued that the Family Court did not give him sufficient opportunity to file his reply or be heard before passing the interim maintenance order.
Respondents supported the Family Court's order, but the judgment does not detail their specific arguments.
Ratio Decidendi
An order granting interim maintenance under Section 125 CrPC must be passed after affording both parties a reasonable opportunity of being heard. Failure to do so violates principles of natural justice and renders the order unsustainable.
Judgment Excerpts
By the present petition, the petitioner is challenging the order dated 16th October, 2014 passed by learned Judge of the Family Court No.1, Nagpur, below Exh.6, in Petition No. E-472 of 2013, thereby allowing the interim application for maintenance.
The solemnization of marriage between the petitioner and respondent no.1 on 9th April, 1995 is not in dispute.
The Family Court has not given sufficient opportunity to the petitioner to file his reply and to hear him.
Procedural History
Respondents filed Petition No. E-472/2013 under Section 125 CrPC for maintenance. They also filed an interim maintenance application (Exh.6). The Family Court allowed the interim application on 16th October 2014. The petitioner challenged this order by filing Criminal Writ Petition No. 5 of 2015 before the Bombay High Court (Nagpur Bench). The High Court heard the matter on 9th September 2015 and disposed it by allowing the petition and remanding the case.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125
