Held that the Trial Court failed to record mandatory reasons for granting maintenance from the application date under Section 125 Cr.P.C. as interpreted in Jaiminiben Vyas. Impugned order was set aside.
Impugned order dated 13.1.2016 set aside; matter remitted to Trial Court to decide maintenance date with reasons; recovery of arrears stayed pending final order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B.Criminal Revision No. 536 / 2016
Hemraj son of Shri Jawahar Lal age 28 years, by caste-Kumawat, resident of Gram Beri, Police Station-Halaina, Tehsil Vair, DistrictBharatpur (Rajasthan).
----Petitioner
Versus
Smt Baveeta Verma W/o Hemraj D/o late Shri Mahesh Chand, by caste-Kumawat, resident Gram Beri, Police Station-Halaina, TehsilVair, District-Bharatpur at present B Narayan Gate Andar, Karigaro Ka Mohalla, Bharatpur, Police Thana-Mathura Gate, Bharatpur.
----Respondent
For Petitioner(s) : Mr.Dileep Singh Jadaun
For Respondent(s) : Ms.Meenakshi Pareek, Public Prosecutor.
HON'BLE MR. JUSTICE VIJAY KUMAR VYAS
Order
06/01/2017
Heard both the parties.
Apex Court has held in Jaiminiben Hirenbhai Vyas and
Anr. Vs. Hirenbhai Rameshchandra Vyas and Anr. (2015) 2 SCC
385 has observed as follows :-
“Section 125 Cr.P.C., therefore, impliedly requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts. For good reason, evident from its order, the court may choose either date. It is neither appropriate nor desirable that a court simply states that maintenance should be paid from either the date of the order or the date of the
(2 of 2)
[CRLR-536/2016]
application in matters of maintenance. Thus, as per Section 354(6) Cr.P.C., the court should record reasons in support of the order passed by it, in both eventualities. The purpose of the provision is to prevent vagrancy and destitution in society and the court must apply its mind to the two options having regard to the facts of the particular case.”
On perusal of the impugned order, it reveals that learned Trial Court has not given any reasoning for granting the maintenance amount from the date of filing of application.
In view of above, the order dt.13.1.2016 passed by learned Trial Court with regard to the date from which the maintenance is to be paid by the petitioner, is set aside and the matter is remitted back with a direction to the trial court that on the point as to from which date i.e date of order or date of filing of the application, the maintenance is to be allowed, be considered after hearing both the parties and decided by an appropriate order as per law, with reasons.
Meanwhile, recovery of arrears i.e. for a period from date of filing of application to the date of order is stayed henceforth.
Both the parties are directed to appear before learned Trial Court on 31st January, 2017.
The revision along with stay application is disposed of accordingly.
(VIJAY KUMAR VYAS)J.
Dheeraj/28
3 issues framed by the court
Whether the Trial Court provided sufficient reasoning for granting maintenance from the date of application under Section 125 Cr.P.C.
Whether Section 125 Cr.P.C. implies that maintenance orders must specify reasons for choosing the commencement date between the order date or application date.
How to rectify impugned orders where mandatory reasons regarding maintenance timeline were not recorded.
Colour shows how this judgement treated each authority
Jaiminiben Hirenbhai Vyas and Anr. Vs. Hirenbhai Rameshchandra Vyas and Anr.Followed¶14
(2015) 2 SCC 385 · Who else cites this
2 provisions across 1 enactments
Hemraj
Smt Baveeta Verma
Vijay Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vijay Kumar Vyas
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