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    The Supreme Court of India granted leave in a criminal appeal regarding the stay of a maintenance order granted to a wife and minor son. The High Court had stayed the maintenance order without providing any reasoning. The Supreme Court set aside the High Court's order, noting that a husband/father is obligated to maintain his wife and child. The Court directed payment of maintenance as awarded by the Family Court but allowed the High Court to pass a reasoned order on the matter after hearing from the parties.

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    The Supreme Court of India granted leave in a criminal appeal regarding the stay of a maintenance order granted to a wife and minor son. The High Court had stayed the maintenance order without providing any reasoning. The Supreme Court set aside the High Court's order, noting that a husband/father is obligated to maintain his wife and child. The Court directed payment of maintenance as awarded by the Family Court but allowed the High Court to pass a reasoned order on the matter after hearing from the parties.

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    The Supreme Court of India granted leave in a criminal appeal regarding the stay of a maintenance order granted to a wife and minor son. The High Court had stayed the maintenance order without providing any reasoning. The Supreme Court set aside the High Court's order, noting that a husband/father is obligated to maintain his wife and child. The Court directed payment of maintenance as awarded by the Family Court but allowed the High Court to pass a reasoned order on the matter after hearing from the parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    153 views4 pages

    125 PDF

    Uploaded by

    Rahul patil
    The Supreme Court of India granted leave in a criminal appeal regarding the stay of a maintenance order granted to a wife and minor son. The High Court had stayed the maintenance order without providing any reasoning. The Supreme Court set aside the High Court's order, noting that a husband/father is obligated to maintain his wife and child. The Court directed payment of maintenance as awarded by the Family Court but allowed the High Court to pass a reasoned order on the matter after hearing from the parties.

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    Download as pdf or txt
    of 4

    LatestLaws.

    com

    IN THE SUPREME COURT OF INDIA

    CRIMINAL APPELLATE JURISDICTION

    CRIMINAL APPEAL NO. 1399 OF 2019


    (Arising out of SLP (Crl.) No.7203/2019)

    PRATIMA DEVI & ANR. APPELLANT(S)

    VERSUS

    ANAND PRAKASH RESPONDENT(S)

    O R D E R

    1. Leave granted.

    2. Though served, no one appears for the

    respondent. The appellants, the wife and minor son

    of the respondent had filed a petition for grant of

    maintenance under Section 125 of the Criminal

    Procedure Code before the Principal Judge, Family

    Court, Karkardooma Courts, Delhi. The Principal

    Judge by order dated 03.10.2017 passed an order

    granting maintenance @ Rs.20,000/- to the appellants,

    (Rs. 10,000/- to the wife and Rs. 10,000/- to the

    minor son). This order was passed ex-parte. The

    respondent filed an application for setting aside the


    Signature Not Verified
    ex-parte order which application was rejected on
    Digitally signed by
    CHARANJEET KAUR
    Date: 2019.09.17
    17:03:02 IST
    Reason: 05.09.2018. Aggrieved, the respondent filed criminal

    revision No. 986 of 2018 before the High Court. Along


    LatestLaws.com

    with revision petition an application for stay was

    filed. The orders passed in the said petitions read

    as follows :

    “Trial Court record be requisitioned.


    List on 25th November, 2019. in the
    meantime, execution proceedings be
    kept in abeyance.”

    3. We are constrained to observe that this order

    shows total non-application of mind on the part of

    the High court. This was a case where maintenance

    had been granted to a wife and to a minor son. The

    High Court without recording any reason whatsoever,

    has stayed the grant of maintenance both to the wife

    and to the minor son. This should not be done. A

    husband/father is duty bound to maintain his wife and

    child. Unless there are very special reasons, the

    higher Court should not normally stay such an order.

    In the present case no reason has been mentioned

    justifying the grant of the stay order.

    4. We, therefore, set aside the impugned order

    and direct the payment of maintenance as awarded by

    the Family Court. We, however, make it clear that

    the High Court after hearing the parties may pass an

    appropriate reasoned order. We make it clear that


    LatestLaws.com

    this order will not come in the way of the High Court

    confirming, modifying or vacating the order of the

    Family Court.

    5. The appeal is, accordingly disposed of.

    .................J.
    [ DEEPAK GUPTA ]

    ...................J.
    [ ANIRUDDHA BOSE ]

    NEW DELHI,
    SEPTEMBER 16, 2019.
    LatestLaws.com

    ITEM NO.43 COURT NO.13 SECTION II-C

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition for Special Leave to Appeal (Crl.) No. 7203/2019

    (Arising out of impugned final judgment and order dated


    12-07-2019 in CRLRP No. 986/2018 passed by the High Court Of
    Delhi At New Delhi)

    PRATIMA DEVI & ANR. Petitioner(s)

    VERSUS

    ANAND PRAKASH Respondent(s)

    (FOR ADMISSION and I.R.)

    Date :16-09-2019 This petition was called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE DEEPAK GUPTA
    HON'BLE MR. JUSTICE ANIRUDDHA BOSE

    For Petitioner(s) Mr. Kaushal Yadav, AOR


    Mr. Nandlal Kumar Mishra, Adv.
    Dr. Ajay Kumar, Adv.
    Ms. Ankita Agarwal, Adv.
    Ms. Akansha Choudhari, Adv.
    Ms. Akansha Rai, Adv.
    Ms. Shweta Yadav, Adv.

    For Respondent(s)

    UPON hearing the counsel the Court made the following


    O R D E R

    Leave granted.

    The appeal is disposed of in terms of the


    signed order.

    [ CHARANJEET KAUR ] [ RENU KAPOOR ]


    A.R.-CUM-P.S. COURT MASTER

    [ Signed order is placed on the file ]

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