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
Anand Prakash ……………….Respondent
O R D E R
- Leave granted.
- 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.”
- 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.
- 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.
- The interest is, accordingly likely of.
[ DEEPAK GUPTA ]
[ ANIRUDDHA BOSE ]