Case Note & Summary
The petitioner, Nitin Kumar Mahant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 7/4/2011 passed by the Additional Sessions Judge-8, Nagpur, in Criminal Revision No. 657/2010. That revision had confirmed the order of the Judicial Magistrate First Class, Umred, dated 17/9/2010, in Misc. Criminal Case No. 23/2009, granting maintenance of Rs. 2000 per month to the wife (non-applicant no. 1) and Rs. 1000 per month to the minor son (non-applicant no. 2) under Section 125 CrPC. The marriage was solemnized on 13/12/2006, and a son named Aaryan was born. The wife filed the maintenance application on 9/2/2009, alleging harassment and neglect after two months of marriage, including during pregnancy. The husband contested the application. The trial court awarded maintenance, which was upheld in revision. The husband then approached the High Court. During the hearing of the present application, the husband and his counsel remained absent on multiple occasions despite the matter being adjourned. On the final hearing date, only the learned A.P.P. for the State appeared. The court, with the assistance of the A.P.P., examined the impugned judgment and found no reason to interfere. Consequently, the court dismissed the application for non-prosecution, confirming the maintenance order.
Headnote
A) Criminal Procedure - Maintenance - Section 125 CrPC - Non-Prosecution - The husband filed an application under Section 482 CrPC challenging the maintenance order. However, on multiple hearing dates, the husband and his counsel remained absent. The court dismissed the application for non-prosecution, upholding the maintenance of Rs. 2000 per month to the wife and Rs. 1000 per month to the child. Held that the petition is dismissed for want of prosecution (Paras 1-4).
Issue of Consideration
Whether the impugned judgment granting maintenance to the wife and child should be set aside.
Final Decision
The application is dismissed for non-prosecution. The maintenance order is confirmed.
Law Points
- Maintenance under Section 125 CrPC
- Non-prosecution of petition
- Dismissal for default
- Reasonable maintenance amount
