Full Judgment Text
CrL.A. OF 2010 @ SLP(CRL.) 5287 OF 2010
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2161 OF 2010
ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 5287 OF 2010
KARNIK HARSHADBHAI SHAH ..... APPELLANT
VERSUS
PRITI KARNIK SHAH & ANR. ..... RESPONDENTS
O R D E R
1. Leave granted.
2. We have heard learned counsel for the parties.
3. The Family Court rejected the application filed by
the respondent-wife for maintenance under Section 125 of
the Criminal Procedure Code but awarded Rs. 3,000/- per
month as interim maintenance to the daughter of the
couple. In an appeal taken to the High Court, at the
instance of the wife, the High Court has awarded a sum of
Rs. 5,000/- per month as interim maintenance under Section
125 of the Code of Criminal Procedure to the wife as well.
It is this part of the order that has been challenged by
the appellant in this appeal. The only reason given by the
High Court in awarding a sum of Rs. 5,000/- to the
respondent-wife is that the income of the wife was a factor
CrL.A. OF 2010 @ SLP(CRL.) 5287 OF 2010
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which was irrelevant for determining her right to
maintenance under Section 125 of the Cr.P.C. We are of the
opinion that this is against the provision aforesaid as the
income of the wife is indeed a relevant consideration. We
also see from the order of the High Court that it does not
give any reasons for overturning the order of the Family
Court. We, accordingly, set aside the impugned order
insofar as it directs the payment of Rs. 5,000/- per month
to the respondent wife. However, payments made to the wife
th
pursuant to the orders of this Court dated 16 July, 2000
will remain with her. We, further, direct that any other
amounts deposited in the High Court shall also be paid to
the wife forth with. The parties are directed to appear
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before the Family Court on 25 November, 2010, for
reconsideration of the matter.
4. The appeal stands disposed of in the aforesaid terms.
...........................
J
[HARJIT SINGH BEDI]
...........................
J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
OCTOBER 25, 2010.
CrL.A. OF 2010 @ SLP(CRL.) 5287 OF 2010
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