Supreme Court of India · 2011-03-15
Nandu vs Rakesh
- Court
- Supreme Court of India
- Petitioner
- Nandu
- Respondent
- Rakesh
- Bench
- Chandramauli Kr. Prasad, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court allowed the appeal, remitting the matter to the Executing Court for appropriate proceedings regarding maintenance under Section 125 Cr.P.C. The Court noted that the respondent had failed to pay maintenance to the appellant and child despite a stay order, and expressed doubt about the respondent's claim of being mentally incapable due to schizophrenia, especially in light of evidence of a subsequent marriage. The Executing Court was directed to consider the plea of insanity only in relation to the date of the stay order and not the current mental status.