MANIK KUTUM versus JULIE KUTUM

MANIK KUTUM versus JULIE KUTUM

The High Court erred in remanding the matter after recording that the respondent was the legally wedded wife and when all material for fixing maintenance was on record; in such circumstances the revisional court can and should fix maintenance itself. The appellant is directed to pay Rs.8,000 per month to the...

Source-derived case information.

Parties
Appellant: MANIK KUTUM; Respondent: JULIE KUTUM
Jurisdiction
India
Judgment Date
07 March 2019
Procedural Posture
Criminal Appeal / Appeal by Special Leave; Final Disposal by Supreme Court
Outcome
Appeal allowed in part; impugned High Court order remanding the case set aside and modified to fix maintenance
Legal Topics
Maintenance, Section 125 Cr PC, Revisionary Jurisdiction, Remand
Criminal Law Family Law Civil Procedure Maintenance Section 125 Cr PC Revisionary Jurisdiction Remand

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Parties

MANIK KUTUM

Appellant

JULIE KUTUM

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave; Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether the High Court erred in remanding the case to the SDJM after recording a finding that the respondent was the legally wedded wife of the appellant
  2. 2 Whether the revision court can fix maintenance when material for fixation is on record
  3. 3 Quantum of maintenance payable by the appellant to the respondent and her minor daughter

Ratio Decidendi

The High Court erred in remanding the matter after recording that the respondent was the legally wedded wife and when all material for fixing maintenance was on record; in such circumstances the revisional court can and should fix maintenance itself. The appellant is directed to pay Rs.8,000 per month to the respondent and maintain the earlier award of Rs.2,000 per month for the minor daughter, totaling Rs.10,000 per month.

Court Disposition

Appeal allowed in part; impugned High Court order remanding the case set aside and modified to fix maintenance

Orders

  • Impugned order of remand set aside
  • Appellant to pay Rs.8,000 per month as maintenance to the respondent (wife)