SMT. SHAIL versus SHRI MANOJ KUMAR AND ORS.

SMT. SHAIL versus SHRI MANOJ KUMAR AND ORS.

It is not necessary to grant leave to appeal against the High Court's order since there is nothing in the impugned order by which the petitioner may feel aggrieved. The petitioner is advised to seek appropriate interim and urgent relief from the High Court on the next date of hearing.

Parties
Petitioner: Smt. Shail; Respondent: Shri Manoj Kumar
Jurisdiction
India
Judgment Date
29 March 2004
Procedural Posture
Special Leave Petition (criminal) / Disposition of SLP
Outcome
Special Leave Petition disposed of
Legal Topics
Maintenance, Jurisdiction of High Court Under Article 227, Contempt of Court
Family Law Constitutional Law Criminal Law Maintenance Jurisdiction of High Court Under Article 227 Contempt of Court

Case Brief

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Parties

Smt. Shail

Petitioner

Shri Manoj Kumar

Respondent

Procedural Posture

Special Leave Petition (criminal) / Disposition of SLP

Legal Issues

  1. 1 Whether the High Court under Article 227 can direct award of maintenance in cases where subordinate courts delay relief
  2. 2 Whether the High Court's order summoning the Presiding Judge of the Family Court for contempt constitutes sufficient relief to the petitioner

Ratio Decidendi

It is not necessary to grant leave to appeal against the High Court's order since there is nothing in the impugned order by which the petitioner may feel aggrieved. The petitioner is advised to seek appropriate interim and urgent relief from the High Court on the next date of hearing.

Court Disposition

Special Leave Petition disposed of

Orders

  • Petitioner to appear before the High Court on the next date of hearing and seek appropriate interim and urgent relief.
  • Copy of order to be communicated to the High Court forthwith.