Full Judgment Text
Crl.A. 163 of 2002
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 163 of 2002
NANDU ..... APPELLANT
VERSUS
RAKESH ..... RESPONDENT
O R D E R
1. This appeal is directed against the judgment of
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the High Court dated 5 July, 2001, whereby the appeal
filed by the respondent herein has been partly allowed
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and the direction that the sum of 500/- per month to
be paid as maintenance under Section 125 Cr.P.C. to the
appellant and to the child from the marriage has been
modified to the extent that the maintenance would be
payable only to the child. When this matter came up
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before this Court on the 28 January, 2002, the
following order was passed:
“No one appears on behalf of the
respondent despite the fact that
service is complete.
Leave granted.
Maintenance be made available to the
petitioner in terms of the order of
the Family Court.”
2. Today Mrs. Qamaruddin, the learned counsel for the
Crl.A. 163 of 2002
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appellant has informed us that despite the order of the
High Court being stayed, the respondent had not paid a
penny towards the maintenance to the appellant-wife or
to the child. The learned counsel for the respondent
Mr. Dushyant Parashar has, however, pointed out (and has
produced certain documents as well before us in Court)
that the respondent was a schizophrenic and was,
therefore, not capable of understanding the consequences
of the legal issues that had been raised and was not in
a capacity to understand and implement the directions of
the Court. The fact that the respondent is a
schizophrenic has been disputed by the learned counsel
for the appellant.
3. There are a certain facts which need to be
highlighted herein. The Family Court rendered its
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judgment on the 4 October, 2000 allowing maintenance
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of 500/- per month to the appellant and to the child.
The High Court modified the order of the Family Court
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vide the impugned order dated 5 July, 2001. The order
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of the High Court was stayed by this Court on the 28
January, 2002. It is also the case of the respondent
that as he was mentally challenged he was unable to
comply with the directions of the Court. We, however,
find some doubt about this assertion in the light of
the statement made by the learned counsel for the
Crl.A. 163 of 2002
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respondent that the respondent had contracted a second
marriage some time in the year 2004 or 2005. We,
therefore, feel that it would be appropriate in the
circumstances that the respondent has not paid a penny
so far towards the maintenance either to the wife or to
his child despite the stay order granted by this Court
that the appeal needs to be allowed and the matter
remitted to the Executing Court for appropriate
proceedings. The Executing Court will, however, permit
the respondent to raise the plea of insanity but will
give a positive finding that this plea was relatable to
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the date 28 January, 2002, or nearabouts when this
Court had granted a stay and would not relate it to the
current mental status of the respondent.
4. The appeal is allowed in the above terms.
..............................J
[HARJIT SINGH BEDI]
..............................J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
MARCH 15, 2011.