BHUPINDER SINGH versus DALJIT KAUR

BHUPINDER SINGH versus DALJIT KAUR

An order for maintenance under Section 125 Cr.P.C. remains valid and enforceable until it is vacated or modified following the provisions of the Criminal Procedure Code. Subsequent compromise or resumption of cohabitation does not of itself operate as a valid defence or automatically revoke the maintenance order. The only way to vary or cancel such an order is via proceedings expressly contemplated in Section 125(4), 125(5), or 127 of the Code.

Parties
Petitioner: Bhupinder Singh; Respondent: Daljit Kaur
Jurisdiction
India
Judgment Date
13 November 1978
Procedural Posture
Review Petition / Supreme Court Special Leave Petition Decision
Outcome
Petition dismissed
Legal Topics
Maintenance, Section 125 Cr.p.c., Execution of Maintenance Orders, Statutory Interpretation
Criminal Law Family Law Maintenance Section 125 Cr.p.c. Execution of Maintenance Orders Statutory Interpretation

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Parties

Bhupinder Singh

Petitioner

Daljit Kaur

Respondent

Procedural Posture

Review Petition / Supreme Court Special Leave Petition Decision

Legal Issues

  1. 1 Whether resumption of cohabitation after a compromise between parties revokes the subsisting order for maintenance under Section 125 Cr.P.C.
  2. 2 Whether compromise and subsequent cohabitation can operate as a valid defence against enforcement of maintenance order

Ratio Decidendi

An order for maintenance under Section 125 Cr.P.C. remains valid and enforceable until it is vacated or modified following the provisions of the Criminal Procedure Code. Subsequent compromise or resumption of cohabitation does not of itself operate as a valid defence or automatically revoke the maintenance order. The only way to vary or cancel such an order is via proceedings expressly contemplated in Section 125(4), 125(5), or 127 of the Code.

Court Disposition

Petition dismissed

Orders

  • Magistrate will execute the order for maintenance.
  • Petitioner's case not prejudiced in any future proceedings to vacate or vary the order.