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february 2002

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.

Laxmi Bai Patel vs Shyam Kumar Patel · Niyam