Do you know how to misinterpret laws? Don’t know? Learn from this judgment from Delhi High Court.
From Paras 12-16,
12. Second proviso to sub section (1) to Section 125 Cr.P.C. stipulates grant of interim maintenance. Reading of second proviso does not in any manner indicate that making of an application seeking interim maintenance is a pre-condition for grant of interim maintenance.
13. The Third proviso to sub section (1) to Section 125 Cr.P.C. stipulates disposal of an application for grant of interim maintenance within a time bound manner.
14. If the second and third proviso to sub section (1) to Section 125 Cr.P.C are read keeping in view the very object of the statute, it shows that there is no requirement stipulated by the statute for making an application for grant of interim maintenance pending consideration of the petition under section 125 Cr.P.C. and the Court would be empowered to pass an order assessing interim maintenance even in a case where no such application has been filed by the person claiming maintenance. However, where such an application is made, the same would have to be disposed of by the Trial Court within the time stipulated therein.
15. If a narrower interpretation were to be given to the provision i.e. that an application is a pre-condition for grant of interim maintenance, the same would militate against the very object of the scheme of providing maintenance to a dependant, who is unable to maintain himself/herself, where the person who has sufficient means has refused or neglected to maintain the dependant. (Author: How?)
16. Keeping in view the beneficial object of the statute, it is held that the filing of an application seeking interim maintenance would not be a precondition for grant of interim maintenance pending consideration of the petition seeking maintenance under section 125 Cr.P.C.. It would be open to the trial court to grant interim maintenance, in the facts and circumstances of the case, pending consideration of the application for grant of maintenance under section 125 Cr.P.C.
Have you ever heard the words: misinterpreting, idiotic, biased, pre-judged, cunning? Sounds applicable to this judgment?
Inder Singh Vs Sumitra on 05 August, 2019
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