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march 2011

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.

Nandu vs Rakesh · Niyam