Case Note & Summary
The petitioner-husband filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 03.11.2017 passed by the II Additional Principal Judge, Family Court, Bengaluru, in Crl.Misc. No.271/2013. The Family Court had allowed the wife's petition under Section 125 of the Code of Criminal Procedure, 1973, directing the husband to pay maintenance of Rs.5,000 per month from the date of petition until she deserves to receive it, along with arrears and future maintenance. The husband contended that the evidence by way of affidavit was not permissible in maintenance proceedings under Section 125 CrPC. The High Court, after hearing the parties, held that maintenance proceedings are summary in nature and evidence by way of affidavit is permissible. The court found no merit in the revision petition and dismissed it, thereby upholding the Family Court's order.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Affidavit Evidence - The issue was whether evidence by way of affidavit is permissible in maintenance proceedings under Section 125 CrPC. The court held that in maintenance proceedings, which are summary in nature, evidence by way of affidavit is permissible and the Family Court can rely on such evidence. The revision petition challenging the maintenance order on this ground was dismissed. (Paras 4-5)
Issue of Consideration
Whether evidence by way of affidavit is permissible in maintenance proceedings under Section 125 of the Code of Criminal Procedure, 1973?
Final Decision
The High Court dismissed the revision petition, upholding the Family Court's order granting maintenance of Rs.5,000 per month to the wife.
Law Points
- Affidavit evidence is permissible in maintenance proceedings under Section 125 CrPC
- Maintenance proceedings are summary in nature
- Section 19(4) of the Family Courts Act
- 1984
Case Details
2019 LawText (KAR) (01) 7
Sri.Nanjunda Gowda, M.R (for petitioner), Sri.Lokanath K and Pradeep Kumar R (for respondent)
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Nature of Litigation
Revision petition under Section 19(4) of the Family Courts Act, 1984 against maintenance order under Section 125 CrPC.
Remedy Sought
Petitioner-husband sought setting aside of the Family Court order dated 03.11.2017 and dismissal of the wife's maintenance petition.
Filing Reason
Husband challenged the maintenance order on the ground that evidence by way of affidavit was not permissible in proceedings under Section 125 CrPC.
Previous Decisions
Family Court allowed wife's petition under Section 125 CrPC directing husband to pay Rs.5,000 per month maintenance.
Issues
Whether evidence by way of affidavit is permissible in maintenance proceedings under Section 125 CrPC?
Submissions/Arguments
Petitioner argued that evidence by way of affidavit is not permissible in Section 125 CrPC proceedings.
Ratio Decidendi
In maintenance proceedings under Section 125 CrPC, which are summary in nature, evidence by way of affidavit is permissible and the Family Court can rely on such evidence.
Judgment Excerpts
The main contention is that the evidence by way of affidavit is not permissible in the maintenance proceedings initiated under Section 125 of Code of Criminal Procedure.
In maintenance proceedings, which are summary in nature, evidence by way of affidavit is permissible.
Procedural History
Wife filed Crl.Misc. No.271/2013 under Section 125 CrPC before the II Additional Principal Judge, Family Court, Bengaluru. The Family Court allowed the petition on 03.11.2017. Husband filed R.P.F.C. No.227 of 2017 under Section 19(4) of the Family Courts Act, 1984 before the High Court of Karnataka. The High Court dismissed the revision on 31.01.2019.
Acts & Sections
- Family Courts Act, 1984: 19(4)
- Code of Criminal Procedure, 1973: 125
