Final Orders U/S 125 CrPC Must Contain 'Points For Determination' As Per S. 354 (6): Allahabad High Court To UP Family Courts

The Allahabad High Court has directed all the family court across the state mandatorily frame 'points for determination' in all final orders passed under Section 125 CrPC, in compliance with Section 354(6) CrPC. A bench of Justice Madan Pal Singh also directed that its order be circulated to all District Judges and all Principal Judges of Family Courts for strict compliance. The bench was essentially dealing with a criminal revision filed by a husband challenging an order passed by the Principal Judge, Family Court, Ballia. The bench dismissed his appeal noting that the family court's direction to the Husband, a Sub Inspector in the UP Police, to pay Rs. 18K per month to his wife, was not excessive. The Court noted that the income certificate filed before the Trial Court reflected that his income was ₹65,000 per month, although his present income was approximately ₹1.2 Lakh per month. However, calculating the maintenance on the admitted salary figure of ₹65,000 only, the Court found that 25% of the same equals ₹16,250, which the Court found to be substantially in line with the Trial Court's award. Justice Singh recorded: "The revisionist/husband is an able-bodied person and, therefore, cannot shirk his legal obligation to maintain his wife and child. The maintenance of ₹18,000 per month awarded by the Trial Court cannot be said to be excessive; in fact, it is on the lower side". Thus, the bench upheld the family court's order. However, before concluding, the High Court noted that several judgments are being passed by the Trial Courts without framing any points for determination. It noted that even in the present case, the Family Court had decided the Section 125 CrPC application without complying with Section 354(6) CrPC, which expressly mandates that every final order under Section 125 "shall contain the point or points for determination, the decision thereon, and the reasons for the decision". "In the absence of framing any points for determination, it is difficult to ascertain the basis on which the Trial Court passed the order or awarded the maintenance amount", The Court remarked. With this, the bench dismissed the criminal revision and directed that it order be circulated to all the District Judges through the Registrar (Compliance) and to all Principal Judges, Family Courts, for communication and necessary compliance.Case title - Shailesh Kumar Yadav vs. State of U.P. and AnotherCase citation : Click Here To Read/Download

Final Orders U/S 125 CrPC Must Contain 'Points For Determination' As Per S. 354 (6): Allahabad High Court To UP Family Courts

Sparsh Upadhyay

Tags