Case Note & Summary
The petitioners, Bhagyashree Sonar (wife) and her minor daughter Vedika, filed a Criminal Writ Petition under Article 227 of the Constitution challenging the order dated 25.02.2014 passed by the learned Sessions Court in Criminal Revision No. 4/2014. The Sessions Court had set aside an ex parte maintenance order dated 25.02.2014 passed by the Magistrate under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), and remanded the matter for fresh consideration after permitting the respondents (husband Vinayak Sonar and mother-in-law Shantabai Sonar) to file their say/written statement. The Revisional Court also directed the respondents to pay arrears of Rs. 10,000 and Rs. 5,000 per quarter as interim maintenance until the final disposal. The petitioners' grievance was that the original maintenance order should not have been interfered with, or alternatively, the interim maintenance should be enhanced to Rs. 5,000 per month. The respondents' counsel submitted that the impugned order had been implemented, the say/written statement had been filed, and the arrears of Rs. 10,000 had been deposited. The High Court, after hearing both sides, modified the impugned order to the extent that the respondents shall pay Rs. 5,000 per month to the petitioners instead of Rs. 5,000 per quarter, and the Trial Court was directed to expedite the hearing of the maintenance application. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Ex parte order - Revision - The Revisional Court set aside an ex parte maintenance order dated 25.02.2014 passed by the Magistrate and remanded the matter for fresh consideration after permitting the respondents to file their say/written statement. The Revisional Court directed payment of arrears of Rs. 10,000 and Rs. 5,000 per quarter as interim maintenance pending disposal. The High Court modified the order to direct payment of Rs. 5,000 per month instead of per quarter, considering the needs of the wife and minor child. (Paras 3-6)
B) Criminal Procedure Code - Maintenance - Interim maintenance - Quantum - The High Court held that the interim maintenance of Rs. 5,000 per quarter was insufficient for the wife and minor child and modified it to Rs. 5,000 per month, to be paid regularly until the final disposal of the maintenance application. (Para 6)
Issue of Consideration
Whether the Revisional Court was justified in setting aside the ex parte maintenance order and remanding the matter, and whether the interim maintenance directed by the Revisional Court should be enhanced from quarterly to monthly payments.
Final Decision
The High Court modified the impugned order to direct the respondents to pay Rs. 5,000 per month to the petitioners instead of Rs. 5,000 per quarter, and directed the Trial Court to expedite the hearing of the maintenance application. The petition was disposed of.
Law Points
- Maintenance under Section 125 CrPC
- Ex parte order
- Revision
- Interim maintenance
- Arrears of maintenance
Case Details
2016 LawText (BOM) (06) 40
Criminal Writ Petition No. 846 of 2015
Mr. B. R. Sable for Petitioners; Ms. Kshitija Sarangi h/f Mr. H.V. Tungar for Respondents
Bhagyashree W/o Vinayak Sonar and Ku. Vedika D/o Vinayak Sonar
Vinayak S/o Balasaheb Sonar and Smt. Shantabai W/o Balasaheb Sonar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal Writ Petition challenging the order of the Sessions Court in revision which set aside an ex parte maintenance order and remanded the matter.
Remedy Sought
Petitioners sought restoration of the original maintenance order or modification of the interim maintenance from quarterly to monthly payments.
Filing Reason
The petitioners were aggrieved by the Revisional Court's order setting aside the ex parte maintenance order and directing only quarterly interim maintenance.
Previous Decisions
The Magistrate passed an ex parte maintenance order on 25.02.2014. The Sessions Court in Criminal Revision No. 4/2014 set aside that order and remanded the matter, directing payment of arrears of Rs. 10,000 and Rs. 5,000 per quarter as interim maintenance.
Issues
Whether the Revisional Court was justified in setting aside the ex parte maintenance order and remanding the matter.
Whether the interim maintenance of Rs. 5,000 per quarter should be enhanced to Rs. 5,000 per month.
Submissions/Arguments
Petitioners submitted that the original maintenance order should not have been interfered with, or alternatively, the interim maintenance should be Rs. 5,000 per month.
Respondents submitted that the impugned order had been implemented, say/written statement filed, and arrears deposited.
Ratio Decidendi
The High Court held that the interim maintenance of Rs. 5,000 per quarter was insufficient for the wife and minor child and modified it to Rs. 5,000 per month, to be paid regularly until the final disposal of the maintenance application.
Judgment Excerpts
By the impugned order, the learned Sessions Court has noted that the impugned order dated 25.02.2014, delivered by the learned Magistrate was, in fact, an exparte order considering the fact that no Say/Written Statement was filed by the respondents.
Arrears of maintenance for an amount of Rs.10,000/ was directed to be paid to the petitioners and Rs.5,000/ per quarter (3 months) was directed to be paid till the matter concludes before the Trial Court.
The grievance of the petitioners is that the order of payment of maintenance allowance dated 25.02.2014 would not have been interfered with.
In the alternative, it is submitted that the impugned order be modified to the extent of directing the respondents to pay Rs. 5,000/ per month to the petitioners and the Trial may be expedited.
Procedural History
The Magistrate passed an ex parte maintenance order on 25.02.2014. The respondents filed Criminal Revision No. 4/2014 before the Sessions Court, which set aside the ex parte order and remanded the matter, directing payment of arrears of Rs. 10,000 and Rs. 5,000 per quarter as interim maintenance. The petitioners then filed the present Criminal Writ Petition before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
