Case Note & Summary
The petitioner, Ravi, filed a criminal petition under Section 482 Cr.P.C. challenging the order dated 01.10.2012 passed by the Fast Track Court and Sessions Judge, Hassan, in Crl.R.P.No.60/2012. The Sessions Judge had set aside the order dated 07.03.2012 passed by the Civil Judge and JMFC, Holenarasipura, in Crl.Misc.No.314/2010 and directed the petitioner to pay monthly maintenance of Rs.1,000/- to respondent No.1 (his wife) and Rs.750/- each to respondents No.2 and 3 (his minor daughters) from the date of petition till the lifetime of the petitioner and till the marriage of the daughters. The petitioner is the husband of respondent No.1 and father of respondents No.2 and 3. Respondent No.1 had filed Crl.Misc.Petition No.314/2010 under Section 125 Cr.P.C. claiming maintenance on the ground that since 2006 the petitioner neglected to maintain them despite having sufficient means. The learned counsel for the petitioner argued that the order was erroneous. However, the court found no dispute regarding the relationship and noted that the Sessions Judge had considered the material on record and passed a reasoned order. The High Court held that there was no illegality or irregularity in the impugned order warranting interference under Section 482 Cr.P.C. The petition was dismissed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 Cr.P.C. - Neglect to maintain - The petitioner husband challenged the order directing him to pay maintenance to his wife and minor children. The court upheld the order, finding no illegality or irregularity, and dismissed the petition. (Paras 1-4)
B) Criminal Procedure Code - Maintenance - Quantum of maintenance - Section 125 Cr.P.C. - The Sessions Judge enhanced the maintenance amount to Rs.1,000/- per month to the wife and Rs.750/- each to the minor children. The High Court found the quantum reasonable and not excessive. (Paras 1-4)
Issue of Consideration
Whether the order of the Sessions Judge directing payment of maintenance to the wife and minor children is sustainable in law.
Final Decision
The petition is dismissed. The order dated 01.10.2012 passed by the Fast Track Court and Sessions Judge, Hassan, in Crl.R.P.No.60/2012 is upheld.
Law Points
- Maintenance under Section 125 Cr.P.C.
- Neglect to maintain
- Quantum of maintenance
- Revision against maintenance order
Case Details
2019 LawText (KAR) (03) 53
Criminal Petition No.1507 of 2013
Justice John Michael Cunha
Sri H.C. Shivaramu (for petitioner), Sri R.P. Somashekaraiah (for respondents, absent)
Smt. Lalitha, Arpita, Ambika
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. to quash order in maintenance proceedings.
Remedy Sought
Petitioner sought to quash the order dated 01.10.2012 passed by the Sessions Judge directing payment of maintenance.
Filing Reason
Petitioner aggrieved by the order of Sessions Judge enhancing maintenance amount.
Previous Decisions
The Civil Judge and JMFC, Holenarasipura, passed an order on 07.03.2012 in Crl.Misc.No.314/2010 which was set aside by the Sessions Judge on 01.10.2012 in Crl.R.P.No.60/2012, directing higher maintenance.
Issues
Whether the Sessions Judge's order directing maintenance is sustainable.
Whether the quantum of maintenance is excessive.
Submissions/Arguments
Learned counsel for petitioner argued that the order is erroneous.
Respondents' counsel was absent.
Ratio Decidendi
The High Court held that there is no illegality or irregularity in the impugned order passed by the Sessions Judge directing payment of maintenance to the wife and minor children. The quantum of maintenance was found reasonable and not excessive. The petition under Section 482 Cr.P.C. was dismissed as no interference was warranted.
Judgment Excerpts
Petitioner is aggrieved by the order dated 01.10.2012 passed by the Fast Track Court and learned Sessions Judge in Crl.R.P.No.60/2012 whereby the order dated 07.03.2012 passed by the learned Civil Judge and JMFC, Holenarasipura in Crl.Misc.No.314/2010 is set aside and the petitioner is directed to pay a monthly maintenance of Rs.1,000/- to respondent No.1 and Rs.750/- each to respondents No.2 and 3 from the date of petition till life time of the petitioner and till the marriage of respondents No.2 and 3.
There is no dispute with regard to relationship between the parties.
In the result, the petition is dismissed.
Procedural History
Respondent No.1 filed Crl.Misc.Petition No.314/2010 under Section 125 Cr.P.C. before the Civil Judge and JMFC, Holenarasipura, claiming maintenance. The JMFC passed an order on 07.03.2012. The petitioner filed Crl.R.P.No.60/2012 before the Fast Track Court and Sessions Judge, Hassan, which was allowed on 01.10.2012, setting aside the JMFC's order and directing higher maintenance. The petitioner then filed the present petition under Section 482 Cr.P.C. before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 125, 482
