AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 382 wordsDavid Annoussamy, J.—This is a petition u/s 482 of the Code of Criminal Procedure.
The wife of the Petitioner filed a petition u/s 125 , Code of Criminal Procedure for maintenance to the tune of Rs. 250. The Magistrate passed order granting maintenance of Rs. 150 per mensem. The husband Petitioner took up the matter on revision before the Sessions Court, which confirmed the order of the Magistrate.
Realising that u/s 397(3), Crl. P.C. if a person, who has already made an application either to the High Court or to the Sessions Court, cannot file another application for revision before the other of them, the Petitioner has chosen to challenge the order of the Sessions Court by way of a petition u/s 482, Code of Criminal Procedure Section 397(3), Crl. P.C. reads as follows-
If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
The present petition does not come under any of the first two categories of orders contemplated in the Section 482, Code of Criminal Procedure As far as the last one is concerned, viz., securing the ends of justice, it is contended by the learned Counsel for the Petitioner that the marriage itself is in dispute and therefore the order would not be valid. On that ground, this Court cannot pass an order u/s 482, Code of Criminal Procedure in order to secure the ends of justice, the matter has to be gone into thoroughly by a civil court. It is open to the Petitioner to challenge the status of the Respondent before the appropriate civil court and get a declaration. In that civil court the other party would also be entitled to get damages, if the Petitioner has made her believe that there was a marriage. The matter will be thus settled by the civil court, which is the competent authority on the matter and if that decision goes in favour of the present Petitioner, the order passed under Chapter IX of the Criminal Procedure Code, will come to an end since the order now challenged could be cancelled u/s 127(2), Crl.P.C.
With these observations the petition is dismissed.