Case Note & Summary
The case involves a criminal revision application filed by the husband (applicant) under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging an order dated 23.09.2019 passed by the learned Principal Judge, Family Court, Junagadh, in Criminal Misc. Application No.180/2018. The Family Court had granted maintenance of Rs.4,000/- to the wife (respondent No.1) and Rs.1,000/- to the minor child (respondent No.2), totaling Rs.5,000/- per month, along with arrears. During the pendency of the revision, the parties amicably settled their dispute and obtained a mutual divorce by executing a divorce agreement dated 10.01.2023. The husband's advocate submitted that the parties have separated by mutual divorce and produced the agreement. The wife's advocate confirmed the settlement. The State opposed the application citing seriousness of the offence, but the court noted that the dispute was essentially a family matter. The High Court, considering the mutual divorce agreement, particularly paragraphs 3, 7, and 10, held that the revision application deserves consideration. The court quashed and set aside the impugned maintenance order, allowing the revision application and disposing of the connected miscellaneous application.
Headnote
A) Family Law - Maintenance - Mutual Divorce Settlement - Sections 397, 401 CrPC - The revision application challenged a maintenance order of Rs.5,000/- per month granted to the wife and minor child. The parties subsequently settled the dispute amicably and obtained a mutual divorce. The High Court, considering the settlement and the mutual divorce agreement dated 10.01.2023, quashed the maintenance order and allowed the revision application. Held that when parties have settled their differences and separated by mutual divorce, the maintenance order can be set aside. (Paras 1-7)
Issue of Consideration
Whether the revision application challenging the maintenance order should be allowed in light of the mutual divorce settlement between the parties.
Final Decision
The revision application is allowed. The impugned order dated 23.09.2019 passed by the learned Principal Judge, Family Court, Junagadh, in Criminal Misc. Application No.180/2018 is quashed and set aside. The connected Criminal Misc. Application No.2 of 2021 stands disposed of.
Law Points
- Settlement of dispute
- mutual divorce
- quashing of maintenance order
- Section 397 CrPC
- Section 401 CrPC
