Nandkishor Ramdas Pawar v. Anita Nandkishor Pawar and Another
Case brief
What is this about?
The High Court dismissed an application seeking quashing of Section 125 CrPC maintenance proceedings. The court held that since a specific remedy of revision exists, inherent powers under Section 482 CrPC should not be exercised.
What did the court decide?
Application dismissed; husband at liberty to file revision under Section 127 CrPC.
What the court decided
-:(1):-
2656
FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.
CRIMINAL APPLICATION NO. 2656 OF 2013
NANDKISHOR RAMDAS PAWAR
VERSUS
ANITA NANDKISHOR PAWAR AND ANOTHER
Advocate for Applicants : Pathan Zafar M. APP for Respondent No.2: Mr. S. R. Palnitkar. ***
CORAM: T. V. NALAWADE, J. DATED: 1st DECEMBER, 2014.
PER COURT:
- The application is filed for challenging the order made under section 125 Cr.P.C. by learned J.M.F.C. and for quashing of the proceeding filed under section 125 of Cr.P.Code. Proceeding under section 125 Cr.P.C. was filed by the wife. The learned counsel for the applicant placed reliance on the case reported as AIR 1994 S.C. 853 in the case of “S.P.Chengalvaraya Naidu (dead) by L.Rs. V/s Jagannath (dead) by L.Rs. and others” . He submitted that the compromise decree was passed by the Civil Court and this fact was suppressed by the wife in 125 Cr.P.C. proceeding and so
Issues for consideration
2 issues framed by the court
Whether the High Court can exercise inherent powers under section 482 CrPC to quash a Section 125 CrPC proceeding where a specific remedy of revision is available.
Whether suppression of a compromise decree and subsequent sale of land vitiates the Section 125 CrPC proceeding enough to warrant quashing the proceedings under inherent powers.
Parties & counsel
- applicant
NANDKISHOR RAMDAS PAWAR
- respondent
ANITA NANDKISHOR PAWAR
Coram
T. V. NALAWADE
Case details
As recorded by the court registry
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