Supreme Court of India · 2002-02-28
Laxmi Bai Patel vs Shyam Kumar Patel
- Citation / case number
- AIRONLINE 2002 SC 257
- Court
- Supreme Court of India
- Petitioner
- Laxmi Bai Patel
- Respondent
- Shyam Kumar Patel
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the maintenance order under Section 125 Cr.P.C. on the grounds that the wife voluntarily left the matrimonial home and was earning, as the High Court's exercise of power under Section 482 Cr.P.C. was not justified. The Court reiterated that a second revision petition is barred under Section 397(3) Cr.P.C. and that inherent powers under Section 482 cannot be used to circumvent this bar. The Court set aside the High Court's order, emphasizing the need to respect the statutory limitations on revisional applications.