Madhya Pradesh High Court

Section 482 CrPC cannot be invoked to re-appreciate concurrent factual findings regarding marital status and maintenance.

Lalla Prasad Kushwaha vs Shakuntala Kushwaha

Madhya Pradesh High CourtJUDGMENT: April 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Respondent No. 1 filed an application under Section 125 of the Cr.P.C. claiming maintenance from the applicant, asserting she was his legally wedded wife and Respondent No. 2 was their minor son

Source reference: para. 2

She alleged neglect and expulsion from the matrimonial home without cause

Source reference: para. 2

The applicant denied the marriage, claiming Respondent No. 1 was previously married without a valid divorce

Source reference: para. 3

On 25.04.2013, the trial Court (Gram Nyayalaya, Nagod) awarded maintenance of Rs. 3,000/- to the wife and Rs. 2,000/- to the son

Source reference: para. 4

This order was affirmed by the Revisional Court (Additional Sessions Judge, Nagod) on 11.08.2015

Source reference: para. 4

The applicant subsequently moved the High Court under Section 482 Cr.P.C. to quash these orders

Source reference: para. 1
02

Issues

1. Whether the findings regarding the existence of a valid marriage and the paternity of the child were perverse or unsupported by evidence

Source reference: para. 5, 12

2. Whether the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., can re-appreciate factual findings of subordinate courts regarding financial capacity and the quantum of maintenance

Source reference: para. 9, 13
03

Law Applied

the Code of Criminal Procedure, 1973, which grants inherent powers to the High Court to prevent abuse of the process of any Court or to secure the ends of justice; however, these powers are to be exercised sparingly and not for the re-appreciation of evidence

Source reference: para. 9

Section 125 of the Cr.P.C., which governs the award of maintenance to wives and children upon proof of neglect or refusal to maintain by a person with sufficient means

Source reference: para. 2, 10
04

Reasoning

The High Court observed that both the trial and revisional courts had recorded concurrent findings of fact based on oral and documentary evidence, establishing that Respondent No. 1 was the legally wedded wife and Respondent No. 2 was the applicant's son

Source reference: para. 10, 11

The Court emphasized that its jurisdiction under Section 482 is limited and cannot be used to substitute its own findings for those of the lower courts unless there is patent illegality or perversity

Source reference: para. 9, 12

The applicant failed to provide material evidence to demonstrate such perversity

Source reference: para. 15

The court reasoned that the disputes regarding the validity of the marriage, the applicant's financial incapacity, and the alleged excessiveness of the maintenance amount were factual matters already duly considered and rejected by the subordinate courts

Source reference: para. 12, 13, 14
05

Holding

The High Court held that the impugned orders were well-reasoned and based on proper appreciation of evidence

the petition essentially sought an impermissible re-appreciation of evidence under Section 482 Cr.P.C.

Source reference: para. 12, 16

Consequently, the High Court dismissed the application, upholding the maintenance orders passed by the lower courts

Source reference: para. 16
Madhya Pradesh High Court

Original Court PDF

Lalla Prasad KushwahavsShakuntala Kushwaha

Madhya Pradesh High Court · April 23, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment