SAVITRI W/O SHRI GOVIND SINGH RAWAT versus SHRI GOVIND SINGH RAWAT
Magistrates have implied power under s.125 of the Code of Criminal Procedure to grant interim maintenance pending disposal of the application to avoid hardship, advance the object of the legislation, and make orders effective.
- Parties
- Petitioner: Savitri w/o Shri Govind Singh Rawat; Respondent: Shri Govind Singh Rawat
- Jurisdiction
- India
- Judgment Date
- 09 October 1985
- Procedural Posture
- Special Leave Petition (criminal) / Disposition
- Outcome
- Petition disposed of; dispute regarding maintenance now finally settled between parties.
- Legal Topics
- Maintenance, Interim Orders, Summary Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Savitri w/o Shri Govind Singh Rawat
Petitioner
Shri Govind Singh Rawat
Respondent
Procedural Posture
Special Leave Petition (criminal) / Disposition
Legal Issues
- 1 Whether a Magistrate can grant interim maintenance under s.125 of the Code of Criminal Procedure, 1973
Ratio Decidendi
Magistrates have implied power under s.125 of the Code of Criminal Procedure to grant interim maintenance pending disposal of the application to avoid hardship, advance the object of the legislation, and make orders effective.
Court Disposition
Petition disposed of; dispute regarding maintenance now finally settled between parties.
Full Case Text
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