Criminal Procedure Code, 1973
Section 125—Grant of interim maintenance to wife and unmarried major daughter—Revision—Family Court has appropriate jurisdiction to grant maintenance under Section 125 of CrPC and Section 20 of the Hindu Adoption and Maintenance Act—Although application filed by second respondent under Section 125 of the Code would not be maintainable as she is a major, no prejudice or injustice is pleaded or can be said to have been caused to the petitioner as he would be equally obligated to provide maintenance to second respondent had she filed an application under Section 20 of the Hindu Adoption and Maintenance Act—Rejecting the application on such a technicality and directing second respondent to file a fresh petition under the HAMA Act, when the Family Court already adjudicating the application of wife of petitioner has the jurisdiction to grant her maintenance under the HAMA Act, would lead to unnecessary multiplicity of proceedings and amount to abuse of process of court—No order granting maintenance to wife and unmarried major daughter warrants no interference—Petition dismissed.
[Paras 22 & 23]
Section 125—Maintenance—Determination—Contention that the Family Court did not consider that the petitioner claimed deduction towards rent, EMI, medical expenses and investments in SIP—Family Court rightly noted that while calculating the quantum of maintenance, income has to be ascertained by only permitting deductions which are towards income tax and compulsory contributions—Such deductions cannot be granted to the petitioner and only allowed deduction towards his GPF.
[Para 24]