Case Note & Summary
The case involves a criminal revision application filed by the husband (applicant) against an order dated 03.12.2011 passed by the learned JMFC, Amod, in Criminal Misc. Application No. 128 of 2010, granting maintenance of Rs.2,500/- per month to the wife (respondent no.2) and Rs.1,000/- per month to the daughter (respondent no.3) under Section 125 of the Code of Criminal Procedure, 1973. The marriage was solemnized on 15.11.2005 according to Muslim Shariyat at Ahmedabad, and a daughter was born. On 17.10.2010, the wife left the matrimonial home without sufficient reason and resided at her parental home in Amod, District Bharuch. On 15.11.2010, she filed the maintenance application. The learned JMFC granted maintenance as above. The husband challenged this order. During the pendency of the revision, the parties arrived at a settlement and executed a divorce deed by mutual consent on 23.11.2022, which was confirmed by the concerned authority. Both parties agreed that all matrimonial disputes had come to an end. The wife and daughter agreed to withdraw the maintenance claim. The court, after hearing the parties, allowed the revision application, quashed and set aside the impugned order, and disposed of the application. The court noted that the settlement was voluntary and genuine, and no further proceedings were required.
Headnote
A) Criminal Procedure - Maintenance - Section 125 CrPC - Settlement and Divorce - The revision application challenged a maintenance order of Rs.2,500/- for wife and Rs.1,000/- for daughter. The parties settled their disputes and executed a divorce deed by mutual consent dated 23.11.2022. The court allowed the revision, quashing the maintenance order, as the parties had resolved all matrimonial disputes and the wife agreed to withdraw maintenance claims. (Paras 1-5)
Issue of Consideration
Whether the maintenance order under Section 125 CrPC should be quashed in light of the settlement and divorce by mutual consent between the parties.
Final Decision
The revision application is allowed. The judgment and order dated 03.12.2011 passed by learned JMFC, Amod, in Criminal Misc. Application No. 128 of 2010 is quashed and set aside. The Criminal Misc. Application No. 128 of 2010 stands disposed of accordingly.
Law Points
- Maintenance under Section 125 CrPC
- Settlement between parties
- Divorce by mutual consent
- Quashing of maintenance order upon settlement
Case Details
2026 LawText (GUJ) (03) 560
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1084 of 2018
Mr. Imran H. Pathan for the applicant, Dr. Khushbu P. Vyas and HCLS Committee for respondents no. 2 and 3, Mr. Rohan Raval, APP for respondent no. 1
Firozkhan Gulabkhan Pathan
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Nature of Litigation
Criminal revision application challenging a maintenance order under Section 125 CrPC.
Remedy Sought
The applicant (husband) sought to quash and set aside the maintenance order dated 03.12.2011 passed by learned JMFC, Amod.
Filing Reason
The applicant was aggrieved by the maintenance order granting Rs.2,500/- per month to wife and Rs.1,000/- per month to daughter.
Previous Decisions
The learned JMFC, Amod, in Criminal Misc. Application No. 128 of 2010, granted maintenance of Rs.2,500/- per month to the wife and Rs.1,000/- per month to the daughter.
Issues
Whether the maintenance order under Section 125 CrPC should be quashed in light of the settlement and divorce by mutual consent between the parties.
Submissions/Arguments
The parties have settled their disputes and executed a divorce deed by mutual consent dated 23.11.2022, and all matrimonial disputes have come to an end. The wife and daughter have agreed to withdraw the maintenance claim.
Ratio Decidendi
When parties to a maintenance dispute under Section 125 CrPC arrive at a settlement and execute a divorce deed by mutual consent, and the wife and daughter agree to withdraw the maintenance claim, the maintenance order can be quashed to give effect to the settlement.
Judgment Excerpts
It appears that the settlement has been arrived at between the complainant and present applicant and they had decided to get their marriage dissolved by mutual consent and both the parties agreed that all the matrimonial disputes between them and their family members had come to an end by executing Divorce Deed dated 23.11.2022, which has been confirmed by the concerned authority.
In view of the settlement arrived at between the parties, the present revision application is allowed.
Procedural History
The wife filed Criminal Misc. Application No. 128 of 2010 under Section 125 CrPC before learned JMFC, Amod, which was allowed on 03.12.2011 granting maintenance. The husband filed the present revision application under Sections 397 and 401 CrPC before the High Court of Gujarat. During pendency, the parties settled and executed a divorce deed on 23.11.2022. The High Court allowed the revision on 20.03.2026.
Acts & Sections
- Code of Criminal Procedure, 1973: 125, 397, 401
