Jaiminiben Hirenbhai Vyas & Anr. …. Appellants Versus Hirenbhai Rameshchandra Vyas & Anr. …. Respondents

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2435 OF 2014
(Arising out of SLP (Crl.) No. 3345 of 2013)

Jaiminiben Hirenbhai Vyas & Anr. …. Appellants

Versus

Hirenbhai Rameshchandra Vyas & Anr. …. Respondents

           On the Appellant’s application for maintenance made for herself and her children, the Family Court granted maintenance in the sum of   Rs 5,000/- only to her daughter under Section 125 Cr.P.C. The main ground for denying maintenance to the Appellant was that she was found to have been working before her marriage and the Family Court was of the view that she could earn her living even now after the separation and therefore she was denied maintenance. This view did not find favor with the High Court, which reversed the Order of the Family Court and granted maintenance in the sum of Rs. 5,000/-. This was however granted from the date of the order. The High Court has not given any reason why it has not directed maintenance from the date of the application for maintenance. It is neither appropriate nor desirable that a Court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of maintenance. Thus, as per Section 354 (6) of the Cr.P.C. the Court should record reasons in support of the order passed by it, in both eventualities. The purpose of the provision is to prevent vagrancy and destitution in society and the Court must apply its mind to the options having regard to the facts of the particular case…..read more