MANOJ YADAV versus PUSHPA @ KIRAN YADAV

MANOJ YADAV versus PUSHPA @ KIRAN YADAV

The maximum maintenance prescribed by State Legislatures is prima facie invalid after the 2001 Parliamentary amendment to Section 125(1) Cr.PC, in view of Article 254(1) of the Constitution and as violative of Articles 14 and 21.

Parties
Applicant: Manoj Yadav; Respondent: Pushpa @ Kiran Yadav; Amicus Curiae: Kamini Jaiswal
Jurisdiction
India
Judgment Date
23 November 2010
Procedural Posture
Special Leave Petition (criminal) / Interlocutory Order; Notice Issued to States; Adjourned for Final Disposal
Outcome
Notice issued to State Governments of Madhya Pradesh, Maharashtra, Rajasthan, Tripura and Uttar Pradesh; order modified; case adjourned for final disposal.
Legal Topics
Maintenance Under Section 125 Cr.pc, Validity of State Amendments, Ceiling on Maintenance, Parliamentary Amendment Impact, Unconstitutionality Under Articles 14 and 21, Article 254(1) Repugnancy
Criminal Law Family Law Constitutional Law Maintenance Under Section 125 Cr.pc Validity of State Amendments Ceiling on Maintenance Parliamentary Amendment Impact Unconstitutionality Under Articles 14 and 21 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Manoj Yadav

Applicant

Pushpa @ Kiran Yadav

Respondent

Kamini Jaiswal

Amicus Curiae

Procedural Posture

Special Leave Petition (criminal) / Interlocutory Order; Notice Issued to States; Adjourned for Final Disposal

Legal Issues

  1. 1 Whether maximum limits for maintenance as prescribed by State amendments to Section 125(1) Cr.PC remain valid after the 2001 Parliamentary Amendment
  2. 2 Whether such State provisions, by limiting maintenance, are unconstitutional under Articles 14 and 21

Ratio Decidendi

The maximum maintenance prescribed by State Legislatures is prima facie invalid after the 2001 Parliamentary amendment to Section 125(1) Cr.PC, in view of Article 254(1) of the Constitution and as violative of Articles 14 and 21.

Court Disposition

Notice issued to State Governments of Madhya Pradesh, Maharashtra, Rajasthan, Tripura and Uttar Pradesh; order modified; case adjourned for final disposal.

Orders

  • Notice to States to file counter affidavits within four weeks.
  • Case listed for final disposal on 11.01.2011.