Hindu Marriage Act, 1955—Section 24—Pendente Lite Maintenance—Enhancement of Maintenance During Pendency of Divorce Proceedings—Interference by High Court—Held: Where the Family Court enhanced pendente lite maintenance payable to the wife and minor child from the date of the application, and the husband challenged the enhancement as excessive, the High Court, considering the submissions regarding the quantum of maintenance and the petitioner’s earning capacity, granted interim protection against enforcement of the enhancement order subject to deposit of Rs.5,00,000/- before the Family Court within the stipulated time—Notice issued to the wife and further operation of the impugned order stayed conditionally pending adjudication of the challenge. (Paras 2–8) ...

A. Code of Criminal Procedure, 1973—Section 125—Maintenance to Wife and Minor Child—Effect of Decree for Restitution of Conjugal Rights—Held: Grant of a decree for restitution of conjugal rights in favour of the husband does not, by itself, disentitle the wife and minor child from claiming maintenance under Section 125 CrPC—Non-compliance with a decree for restitution of conjugal rights cannot be a ground to deny maintenance, having regard to the social welfare object of Section 125, which is intended to prevent vagrancy and destitution of the wife and child. (Paras 2–3) B. Code of Criminal Procedure, 1973—Section 125—Maintenance Order—Revisional Jurisdiction—Scope of Interference—Held: A revisional court cannot reappreciate evidence merely because another view is possib...

A. Hindu Marriage Act, 1955—Sections 9, 13 and 24—Matrimonial Proceedings—Recording of Evidence—Premature Posting for Arguments—Held: Where matrimonial proceedings under Sections 9 and 13 of the Hindu Marriage Act were pending and the wife undertook to appear for re-cross-examination, the Family Court could not proceed directly to final arguments before completion of evidence—The order posting the matter for arguments was modified and the Family Court was directed to first conclude the evidence, including re-cross-examination of the wife, and thereafter proceed with consideration of the pending applications and final hearing. (Paras 6–8). B. Hindu Marriage Act, 1955—Sections 9, 13 and 24—Pendente Lite Maintenance—Withdrawal of Challenge and Expeditious Disposal of Matrimonial ...

A. Code of Criminal Procedure, 1973—Section 372 proviso, Section 2(wa), Section 378(4)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413, Section 2(1)(y), Section 419(4)—Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Complainant as “victim”—Maintainability—Held: In cheque dishonour cases, complainant who suffers pecuniary loss is a “victim” within meaning of S. 2(wa) CrPC / S. 2(1)(y) BNSS—Such complainant has independent statutory right to file appeal against acquittal under proviso to S. 372 CrPC / S. 413 BNSS—Resort to S. 378(4) CrPC / S. 419(4) BNSS not mandatory—Victim’s right of appeal is substantive and not diluted merely because case instituted on complaint. (Paras 11 to 18, 21) B. Code of Criminal Pro...

A. Protection of Women from Domestic Violence Act, 2005—Section 20—Maintenance—Quantum—Enhanced maintenance of Rs. 13,000/- per month set aside—Husband’s income found to be about Rs. 8,000/- per month and no material to show higher earnings—Held, maintenance must be realistic and proportionate—Reduced to Rs. 5,000/- per month. [Paras 13, 16, 18] B. Protection of Women from Domestic Violence Act, 2005—Section 19—Alternative accommodation—Direction to pay Rs. 7,000/- towards alternative accommodation set aside—Wife residing with family—No evidence justifying need for separate residence—Held, relief unwarranted. [Paras 16, 18] C. Protection of Women from Domestic Violence Act, 2005—Compensation—Award of Rs. 1,00,000/- as compensati...

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Section 16—Right of Appeal—Section 16 of the Act clearly and unambiguously grants the right of appeal only to senior citizens or parents aggrieved by an order of the Tribunal, to the exclusion of any other person, including children or other relatives—Consequently, an appeal filed by a son challenging a maintenance order passed in favour of his elderly mother is not maintainable, as he is neither a senior citizen nor a parent. [Paras 10–12] B. Jurisdiction—Appeal filed without statutory right—An appeal preferred before an Appellate Tribunal without a statutory right of appeal is not entertainable and the Tribunal lacks jurisdiction to adjudicate the same—Any order passed in such an appeal is liable to be quashed. [Para 13...

A. Land Allotment & Legitimate Expectation—Petitioner, an allottee, remained in possession of adjacent unused land of Bhubaneswar Development Authority for over two decades and applied for its allotment pursuant to a public advertisement—Court recognized legitimate expectation arising from long possession, policy indication, and similar allotments—Directed authority to decide application within three months, applying prevailing benchmark value if allowed, and maintain status quo meanwhile. B. Doctrine of Legitimate Expectation—Under administrative law, public authorities must act fairly and consider expectations arising from consistent practice or official representations—Though not an absolute right, ignoring such expectation may render action arbitrary—Court held petitioner’s claim worthy...

A. Code of Criminal Procedure, 1973—Section 125 (now Section 144 BNSS, 2023)—Maintenance—Determination of quantum—Maintenance is a measure of social justice intended to prevent destitution of wife and child—While determining quantum, Court must consider actual income, earning capacity, assets and standard of living of husband—Salary slips and documentary evidence are best indicators—Interim reduction or enhancement must be based on verified income details—Direction issued to employer (ONGC) and husband to disclose full income particulars for proper adjudication. [Paras 11 to 12] B. Code of Criminal Procedure, 1973—Section 125—Maintenance—Wife earning income—Effect—Mere earning capacity or employment of wife does not disentitle her from maintenance—...

A. Motor Vehicles Act, 1988—Section 166, 173(1)—Motor Accident Claims—Appeals—Both insurer and claimant challenged quantum of compensation awarded by Motor Accident Claims Tribunal (Rs.1,12,71,231/-); insurer disputed disability assessment, claimant challenged income determination. (Para 1, 2) B. Assessment of Disability—Disability Certificate—Insurer challenged disability evaluation relying on Raj Kumar v. Ajay Kumar but did not dispute genuineness of Medical Board certificate (Ext.9); certificate held genuine in absence of contrary evidence. (Para 5) C. Principles of Disability and Earning Capacity—Tribunal must determine if disablement is total/partial, effect on whole body functioning and earning capacity; assess what claimant can/cannot do, pre-accident avocation, and functional versus ...

A. Code of Criminal Procedure, 1973—Section 482—Penal Code, 1860—Sections 341, 498-A, 323, 294, 307, 506—Quashing of criminal proceedings—Matrimonial dispute—Where parties have obtained divorce and are living separately for a considerable period, and the complainant-wife expresses unwillingness to pursue criminal proceedings, continuation of prosecution arising out of matrimonial discord would amount to abuse of process of law—Even in respect of non-compoundable offences, High Court can exercise inherent powers under Section 482 CrPC to secure ends of justice—Where chances of conviction are bleak and trial would be a mere formality, proceedings liable to be quashed. [Paras 13 to 15] B. Code of Criminal Procedure, 1973—Section 482—Scope of inherent powers—Settlement ...