SHAIL KUMARI DEVI & ANR. versus KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK

SHAIL KUMARI DEVI & ANR. versus KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK

Courts may grant maintenance from the date of application or the order under Section 125 CrPC—the requirement is an express order for effect from the application’s date, but no ‘special reasons’ are needed; interim maintenance could be granted by implication prior to the 2001 amendment; quantum of maintenance before September 24, 2001 (date of amendment) could not exceed Rs. 500/month; from that date, higher maintenance may be granted.

Parties
Appellant: Shail Kumari Devi; Appellant: Kumari Babli; Respondent: Krishan Bhagwan Pathak @ Kishun B. Pathak
Jurisdiction
India
Judgment Date
28 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Criminal Revision No. 67 of 2007 (patna High Court), and Prior Order of Principal Judge, Family Court, Bhojpur
Outcome
Appeal partly allowed.
Legal Topics
Maintenance, Criminal Procedure Code Section 125, Interim Maintenance, Quantum of Maintenance
Family Law Criminal Law Maintenance Criminal Procedure Code Section 125 Interim Maintenance Quantum of Maintenance

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 4 Authorities cited 18 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Shail Kumari Devi

Appellant

Kumari Babli

Appellant

Krishan Bhagwan Pathak @ Kishun B. Pathak

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Criminal Revision No. 67 of 2007 (patna High Court), and Prior Order of Principal Judge, Family Court, Bhojpur

Legal Issues

  1. 1 Whether maintenance under Section 125 CrPC can be awarded from the date of application or only from the date of order;
  2. 2 If granting from date of application requires special reasons;
  3. 3 Whether interim maintenance could be awarded before the 2001 amendment;

Ratio Decidendi

Courts may grant maintenance from the date of application or the order under Section 125 CrPC—the requirement is an express order for effect from the application’s date, but no ‘special reasons’ are needed; interim maintenance could be granted by implication prior to the 2001 amendment; quantum of maintenance before September 24, 2001 (date of amendment) could not exceed Rs. 500/month; from that date, higher maintenance may be granted.

Court Disposition

Appeal partly allowed.

Orders

  • Appellants are entitled to maintenance at Rs. 1000 each per month from September 24, 2001, i.e., from the date Amendment Act, 2001 came into force.
  • Any sum awarded as interim maintenance by the Magistrate prior to the amendment stands undisturbed.