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RAJNESH vs. NEHA & ANR.

SCR Citation: [2020] 13 S.C.R. 1093
Year/Volume: 2020/ Volume 13
Date of Judgment: 04 November 2020
Petitioner: RAJNESH
Disposal Nature: Others
Neutral Citation: 2020 INSC 631
Judgment Delivered by: Hon'ble Ms. Justice Indu Malhotra
Respondent: NEHA & ANR.
Case Type: CRIMINAL APPEAL /730/2020
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973:

s. 125 – Interim maintenance – For wife and minor child –

Awarded by Family Court – Affirmed by High Court – Appeal to

Supreme Court – Held: Orders passed by Courts below affirmed –

Husband is directed to pay entire arrears of maintenance and to

continue to comply with the same, during the pendency of the

proceedings u/s. 125.

Family Laws:

Maintenance/ interim maintenance – Maintenance laws have

been enacted as a measure of social justice which fall within

constitutional sweep of Art. 15(3) reinforced by Art. 39 of the

Constitution – Guidelines framed in exercise of power u/Art. 142 –

On the issues of maintenance which would cover overlapping

jurisdictions under different enactments for payment of maintenance;

payment of interim maintenance; criteria for determining quantum

of maintenance; the date from which the maintenance is to be

awarded and enforcement of orders of maintenance – Constitution

of India – Arts. 15(3), 39 and 142 – Code of Criminal Procedure,

1973 – Special Marriage Act, 1954 – Hindu Marriage Act, 1955 –

Hindu Adoptions and Maintenance Act, 1956 – Protection of Women

from Domestic Violence Act, 2005.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Special Marriage Act, 1954 (43 of 1954)
  • Hindu Marriage Act, 1955 (25 of 1955)
  • Hindu Adoptions and Maintenance Act, 1956 (78 of 1956)
  • Protection of Women from Domestic Violence Act, 2005 (43 of 2005)
4. Keyword
  • Cr.P.C
  • s. 125
  • Interim maintenance
  • wife and minor child
5. Equivalent citation
    Citation(s) 2021 AIR 569 = 2021 (2) SCC 324 = 2021 (2) Suppl. SCC 324 = 2020 (11) JT 558 = 2020 (11) Suppl. JT 558 = 2020 (13) SCALE 29