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A Husband/Father is avocation firm to say his mother and child.? Can be denied on specific reasons only

IN THE    SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1399   OF 2019

(Arising out of SLP (Crl.) No.7203/2019)

Pratima Devi Anr ……………………….APPLANT

VERSUS

Anand Prakash      ……………….Respondent

O R D E R

  1. Leave granted.
  2. Though served, no one appears for a respondent. The appellants, a mother and teenager son of a respondent had filed a petition for extend of upkeep underneath Section 125 of a Criminal Procedure Code before a Principal Judge, Family Court, Karkardooma Courts, Delhi. The Principal Judge by sequence antiquated 03.10.2017 upheld an sequence extenuation upkeep @ Rs.20,000/- to a appellants, (Rs. 10,000/- to a mother and Rs. 10,000/- to a teenager son). This sequence was upheld ex-parte. The respondent filed an focus for environment aside a Signature Not Verified ex-parte sequence that focus was deserted on  05.09.2018. Aggrieved, a respondent filed rapist rider No. 986 of 2018 before a High Court. Along with rider petition an focus for stay was filed. The orders upheld in a pronounced petitions review as follows :

“Trial Court record be requisitioned. List on 25th November, 2019. in a meantime, execution record be kept in abeyance.”

  1. We are compelled to observe that this sequence shows sum non-application of mind on a partial of a High court. This was a box where upkeep had been postulated to a mother and to a teenager son. The High Court but recording any reason whatsoever, has stayed a extend of upkeep both to a mother and to a teenager son. This should not be done. A husband/father is avocation firm to say his mother and child. Unless there are really special reasons, a aloft Court should not routinely stay such an order. In a benefaction box no reason has been mentioned justifying a extend of a stay order.
  2. We, therefore, set aside a impugned sequence and approach a remuneration of upkeep as awarded by a Family Court. We, however, make it transparent that a High Court after conference a parties might pass an suitable reasoned order. We make it transparent that this sequence will not come in a approach of a High Court confirming, modifying or leaving a sequence of a Family Court.
  3. The interest is, accordingly likely of.
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[ DEEPAK GUPTA ]

[ ANIRUDDHA BOSE ]

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