HC dismisses son’s plea against payment of maintenance to mother
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The Madras High Court has dismissed a case filed by an individual difficult two consecutive orders handed by courts directing him to pay maintenance of ₹5,000 a month to his aged mother below Section 125 of the Code of Criminal Procedure (CrPC).
Justice P.N. Prakash stated he didn’t discover any manifest illegality within the order handed by a judicial Justice of the Peace court docket in Salem in 2012 and confirmed by a classes court docket in 2014 whereas dismissing a revision petition most popular by the person below Section 397 of the CrPC. The choose identified that an order by a judicial or metropolitan Justice of the Peace for payment of month-to-month maintenance to mother and father, spouse or youngsters might be challenged by method of a legal revision petition both earlier than a High Court or a classes court docket.
After the petitioner strikes a revision software earlier than the High Court or the classes court docket, no additional software by the identical individual might be entertained by both of the courts. There was a selected bar on it below Section 397(3) of CrPC.
In an try to overcome such a bar, the current petitioner most popular an software earlier than the High Court below Section 482 of the CrPC (inherent energy of the High Court to forestall abuse of course of of any court docket or to safe the ends of justice).
Holding the course adopted by the petitioner as not maintainable, Justice Prakash stated petitions below Section 482 might be entertained by the High Court provided that there was a manifest illegality within the orders handed by the courts under. “In the present case, this court does not find any such illegality. The mother-son relationship is not disputed. Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below,” the choose stated, and dismissed the case.
Until September 24, 2001, Section 397 of Cr.P.C. authorised magistrates to order maintenance to a most of ₹500 a month. However, after the 2001 modification, they had been empowered to repair the quantum as they deemed match in accordance to the details and circumstances of every case.
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