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2020 (2) TMI 1521 - SC - Indian LawsDivorce my mutual consent - Arrears in payment of maintenance money (for the son) - Interpretation of statute - whether the order passed by the Additional Principal Judge, Family Court dated 05.01.2019 setting aside the order dated 06.05.2017 disposing of the application Under Section 125 Code of Criminal Procedure and restoring the application Under Section 125 Code of Criminal Procedure was contrary to Section 362 Code of Criminal Procedure? - HELD THAT:- The Appellant according to his own case has paid only an amount of One Lakh Rupees, i.e. maintenance of four months after May 2017. The arrears from July, 2015 to April 2017 has not been paid by the Appellant within six months which was time allowed by the Court. When the Appellant did not honour its commitment under settlement, can the wife be left in lurch by not able to press for grant of maintenance on non-compliance by the Appellant of the terms of settlement. The answer is obviously 'No'. Section 125 Code of Criminal Procedure has to be interpreted in a manner as to advance justice and to protect a woman for whose benefit the provisions have been engrafted. The order passed in present case by Family Court reviving the maintenance application of the wife Under Section 125 Code of Criminal Procedure by setting aside order dated 06.05.2017 passed on settlement is not hit by the embargo contained in Section 362 Code of Criminal Procedure. The submission of learned senior Counsel for the Appellant that Section 362 Code of Criminal Procedure prohibit the Magistrate to pass the order dated 05.01.2019 cannot be accepted - the High Court did not commit an error in rejecting the application filed by Appellant Under Section 482 Code of Criminal Procedure. The inherent powers of the High Court given Under Section 482 Code of Criminal Procedure are to be exercised to secure the ends of justice. Appeal dismissed - decided against appellant.
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