Adv Deven Gopani

11/10/2022

Latest Law Points

2022 Gojuris (SC) 1116

IN THE SUPREME COURT OF INDIA

[Before : Dinesh Maheshwari, Bela M. Trivedi]

Case No. : Criminal Appeal No. 1693 of 2022 [Arising out of SLP(Crl.) No. 10353 of 2018]
Date of Decision : 28-09-2022

HIGHLIGHT : Code of Criminal Procedure, 1973; Section 125 — Maintenance to Wife and Children – Able-bodied husband is obliged to earn by legitimate means and maintain his wife and the minor child — Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children — The object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife, by providing her food, clothing, and shelter by a speedy remedy. (Para 9-13)

A. Code of Criminal Procedure, 1973 -- Section 125 -- Constitution of India, 1950 -- Articles 15 (3) and 39 -- Criminal Procedure -- Matrimonial dispute -- Maintenance to Wife and/or Children -- Proceedings u/Section 125, Cr.P.C. -- Purpose and mode of conduct -- Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children -- Court ought to conduct proceedings remaining alive to the objects and reasons, and the spirit of Section 125, Cr.P.C. -- It is the basic canon of law that, the husband is under sacrosanct duty to provide financial support to the wife and to the minor children -- Husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute -- Object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife, by providing her food, clothing, and shelter by a speedy remedy -- Section 125 Cr.P.C. is a measure of social justice and is specially enacted to protect women and children -- It also falls within the Constitutional sweep of Article 15(3), reinforced by Article 39. (Paras 9 and 10)

B. Code of Criminal Procedure, 1973 -- Section 125 -- Criminal Procedure -- Maintenance to Wife and Children (Son) -- Appellant-1 and Respondent were married in 1991 -- Couple was blessed with two children, a daughter and a son (respectively born on 10.101992 and 11.04.1999) -- Family Court while dismissing Application for maintenance qua daughter of Appellant-1 and Respondent (Applicant-2), granted Rs. 6,000/- p.m. to Appellant-2 (Applicant-4, the son of Appellant-1 and Respondent), from the date of Application till the date he attains age of 18 years -- By impugned judgment and order, High Court affirmed the said order of maintenance -- Initially, Appellants were granted interim maintenance of Rs. 40,000/- but no interim relief was granted to Applicant-2, the daughter of Appellant-as by that time she attained age of maturity -- Family Court failed to remain alive to the purpose and object, as also the spirit of Section 125, Cr. P.C. -- Family Court not only disregarded the basis canons of law, but also conducted the proceedings in perverse manner -- Impugned judgment and order, set-aside, but, in view of the fact that matter is pending before Supreme Court, instead of remanding the same to the Family Court, Respondent-husband directed to pay Rs. 10,000/- p.m. to Appellant-1 over and above Rs. 6,000/- awarded to Appellant-2 -- Arrears to be deposed within 8 weeks, after due adjustments -- Appeal allowed -- High Court also erred in affirming such an erroneous and perverse order. (Paras 2 to 6, 10 to 15)

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15/06/2022

Will be more better if Indian judiciary start using automatic conversion of its all data from English to all other local languages in its portal and to have facility of self digitally certified all the downloads from the portal of judiciary to avoid ego or any inconvenience to local people but the main language should be English. Otherwise also it takes huge time and process for every certified copy from the department. Officially one has to pay ₹.4/-per page in normal delivery and ₹.7/- per page for urgency. And inspite of payment of urgency the copies are not issued in 24 hours.

This suggestion is just by way of sharing the idea of expediting the process and to save people from the inconvenience of many aspects causing to them.

All Hon’ble High courts in India have its proceedings in English language compulsory. And any trial of lower court reaches out to the concerned High court or above for further process, translation of entire proceeding of the lower court in English language is compulsory, again it costs huge cost to the litigants and usage of huge stationary and space even after disposal.

Hope the concerned will consider this and do the needful and others support for the betterment.

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