MANOJ YADAV versus PUSHPA @ KIRAN YADAV & ORS.

MANOJ YADAV versus PUSHPA @ KIRAN YADAV & ORS.

The ceiling fixed by State amendments to Section 125 Cr.P.C. is invalid after the Central amendment deleting the upper limit; maintenance can be granted as per discretion of the Magistrate.

Parties
Appellant: Manoj Yadav; Respondent: Pushpa @ Kiran Yadav; Amicus Curiae: Kamini Jaiswal
Jurisdiction
India
Judgment Date
11 January 2011
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Maintenance Under Section 125 Cr.p.c., State and Central Amendment Conflict
Criminal Law Family Law Maintenance Under Section 125 Cr.p.c. State and Central Amendment Conflict

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Parties

Manoj Yadav

Appellant

Pushpa @ Kiran Yadav

Respondent

Kamini Jaiswal

Amicus Curiae

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the State amendment to Section 125 Cr.P.C. limiting maintenance to Rs. 3,000/- per month is valid after the Central amendment removing ceiling
  2. 2 Whether the enhanced maintenance by High Court is legally sustainable

Ratio Decidendi

The ceiling fixed by State amendments to Section 125 Cr.P.C. is invalid after the Central amendment deleting the upper limit; maintenance can be granted as per discretion of the Magistrate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; enhanced maintenance order of Rs. 4,000/- per month upheld.