Supreme Court - Daily Orders
Salma Begam vs Mohammad Israil Khan on 28 September, 2015
Bench: Madan B. Lokur, S.A. Bobde
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1278 OF 2015
(@ Special Leave to Appeal (Crl.) No. 527 of 2014)
SALMA BEGAM Appellant(s)
VERSUS
MOHAMMAD ISRAIL KHAN Respondent(s)
O R D E R
Leave granted.
We have heard learned counsel for the parties. The Family Court as well as the High Court declined maintenance to the appellant under Section 125 of the Code of Criminal Procedure (Cr.P.C.) on the ground that the appellant had left the matrimonial home without any just and reasonable cause.
Today, we are told by learned counsel for the appellant that the respondent has been convicted for an offence punishable under Section 498A of the Indian Penal Code. The order was passed on 25 th July, 2014 by the Judicial Magistrate (First Class), Raipur. We are also told that an appeal has been preferred by the respondent against the order of conviction. Prima facie, it does appear that there was some reasonable cause for the appellant to leave the matrimonial home.
Under the circumstances, we set aside the order passed by the High Court as well as the Family Court and remand the matter back to the Family Court for considering the application on merits under Signature Not Verified Digitally signed by Meenakshi Kohli Date: 2015.09.30 Section 125 of the Cr.P.C. and by taking into consideration the 12:09:05 IST Reason:
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subsequent developments.
Pending the final decision by the Family Court, we direct that the respondent will pay an interim maintenance of Rs.3,000/- (Rupees three thousand only) per month to the appellant with effect from 01.10.2015. The interim maintenance be paid on or before 7th day of each month.
We make it clear that we have not expressed any opinion on merits of the case.
The appeal is disposed of.
…....................J. [Madan B. Lokur] …....................J. [S.A. BOBDE] NEW DELHI SEPTEMBER 28, 2015 2 ITEM NO.7 COURT NO.9 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 527/2014 (Arising out of impugned final judgment and order dated 13/02/2013 in CRLR No. 314/2012 passed by the High Court of Chhatisgarh at Bilaspur) SALMA BEGAM Petitioner(s) VERSUS MOHAMMAD ISRAIL KHAN Respondent(s) (With appln. (s) for exemption from filing c/c of the impugned order and exemption from filing O.T. and permission to file additional documents and office report) Date : 28/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Gaurav Agrawal,Adv. For Respondent(s) Mr. Abhay Kumar,Adv.
Mr. Tenzing Tsering, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
We have heard learned counsel for the parties. The appeal is disposed of in terms of the signed order.
(Meenakshi Kohli) (Jaswinder Kaur) COURT MASTER COURT MASTER
[Signed Order is placed on the file] 3