Case Note & Summary
The case involves a criminal revision application filed by the husband (applicant) under Sections 397 and 401 of the Criminal Procedure Code, 1973, challenging an order dated 23.07.2014 passed by the Principal Judge, Family Court, Vadodara in Criminal Misc. Application No.187 of 2010, which awarded monthly maintenance of Rs.2500 to the wife (respondent No.2). The applicant argued that he was paying maintenance regularly. The wife contended that only Rs.1500 was being paid towards arrears and huge arrears remained. The High Court, considering the submissions and the efflux of time since the order was passed in 2014, held that no interference was required, emphasizing the social justice objective and beneficial interpretation of maintenance provisions. The revision was disposed of with liberty to the wife to recover arrears through appropriate proceedings.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Revision - Non-interference - The applicant husband challenged the order of maintenance of Rs.2500 per month passed by the Family Court in 2014. The High Court refused to interfere, considering the efflux of time and the object of the Act to award maintenance to the wife for social justice and beneficial interpretation. Held that no interference is required in the order awarding maintenance (Paras 5-6).
Issue of Consideration
Whether the High Court should interfere in revision with a maintenance order of Rs.2500 per month passed in 2014, given the efflux of time and the object of maintenance provisions.
Final Decision
The criminal revision application is disposed of with a clarification that the wife shall have liberty to file appropriate proceedings to recover the arrears of maintenance pursuant to the impugned order dated 23.07.2014.
Law Points
- Maintenance to wife
- Social justice
- Beneficial interpretation
- Efflux of time
- Non-interference in revision
Case Details
2026 LawText (GUJ) (03) 1123
R/Criminal Revision Application (For Maintenance) No. 25 of 2015
Mahesh K. Poojara, HCLS Committee, Nisarg N. Jain, Rohan Raval
Bhagwandas Ramkishan Telange
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal revision application challenging maintenance order
Remedy Sought
Quash and set aside the order dated 23.07.2014 passed by the Family Court awarding monthly maintenance of Rs.2500 to the wife
Filing Reason
Dissatisfaction with the maintenance amount awarded by the Family Court
Previous Decisions
Family Court order dated 23.07.2014 in Criminal Misc. Application No.187 of 2010 awarding Rs.2500 per month maintenance; interim order dated 05.03.2015 staying the impugned order on condition of deposit and payment
Issues
Whether the High Court should interfere in revision with a maintenance order of Rs.2500 per month passed in 2014, given the efflux of time and the object of maintenance provisions.
Submissions/Arguments
Applicant's counsel submitted that the applicant is paying maintenance regularly.
Respondent's counsel submitted that only Rs.1500 is paid towards arrears and huge arrears remain.
Ratio Decidendi
Considering the efflux of time and the object of the Act to award maintenance to the wife for social justice and beneficial interpretation, no interference is required in the order awarding maintenance.
Judgment Excerpts
Considering the submissions made by the learned advocates appearing for the respective parties and the controversy involved in the matter and as the order to pay monthly maintenance of Rs.2500/- regularly is passed way back in the year 2015, no interference at the hands of this Court is required in the order awarding maintenance considering the efflux of time and considering the object of the Act to award the maintenance to wife keeping in mind the social justice and beneficial interpretation showing sympathy by ensuring that wife can maintain herself with standard of living.
Procedural History
The Family Court passed the maintenance order on 23.07.2014. The applicant filed a revision application in 2015. An interim order was passed on 05.03.2015 staying the impugned order on condition of deposit and payment. The revision was heard and disposed of on 12.03.2026.
Acts & Sections
- Criminal Procedure Code, 1973 (CrPC): Section 397, Section 401, Section 125
