ASIYA KHAN & ANR. V. STATE OF UTTAR PRADESH & ANR., CITATION: 2024 (SC) 140
FACTS:
The first appellant is the wife of the second respondent and the second appellant is the minor daughter of the second respondent. On an application by the appellants (mother and daughter) filed under Section 125 CrPC, the Family Court allowed the application under Section 125 of the Code of Criminal Procedure, 1973 filed by the appellants and granted total maintenance of Rs. 12,000/- per month. There were revision applications preferred both by the appellants and the second respondent. Against the same, the appellants as well as respondent No.2-husband moved revision applications. By way of one of the impugned orders, the High Court reduced maintenance by a sum of Rs.2,000 per month. Vide the second order, it dismissed the appellants' revision application against the first order.
ISSUE:
Whether High Court could pass a “cryptic order” without affording an opportunity of hearing to the appellants.
Whether without issuing notice to husband maintenance amount can be reduced or increased?
OBSERVATION:
In a wife and minor daughter's plea for maintenance, the Supreme Court recently expressed surprise at State's conduct of siding with the husband. The approach of the State of taking the side of the husband in a maintenance case, to say the least, is very strange.
Court said that the High Court could not have passed such order ex-parte, without giving an opportunity of hearing to the appellants. It was further observed that even notice was not issued to the husband and based only on vehement opposition of State of UP's counsel, the appellants' revision application was dismissed. Considering, the top Court set aside the impugned orders of the High Court and restored the matter to the file of the High Court. As a consequence, the Family Court order which granted maintenance to the appellants stands restored. It would be open to the wife and minor daughter to seek appropriate directions from the High Court regarding deposit of arrears and payment of current maintenance in terms of the Family Court order.
