Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 1995
  6. /
  7. January

Balaji Raghavan/S P Anand vs Union Of India

Supreme Court Of India|15 December, 1995
|

JUDGMENT / ORDER

Summary

Issue: Determination of alimony and maintenance in cases of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1956
Rule: Section 25 of the Hindu Marriage Act, 1956 and Section 125 of the Code of Criminal Procedure
Application: The court applied the principles of Section 25 of the Hindu Marriage Act, which states that the court shall have power to pass decree for maintenance of one spouse by the other, and Section 125 of the Code of Criminal Procedure, which provides for the arrest and detention of the defaulter in case of non-payment of maintenance.
Conclusion: The court's conclusion is that the respondent shall pay a sum of Rs.700/per month to the appellant as alimony, starting from November 1, 1995, and that all pending proceedings between the parties stand closed. This decision is based on the application of the principles of Section 25 of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure, which prioritize the financial security and well-being of the spouse who is seeking maintenance.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1 PETITIONER: PRAMILA Vs.
RESPONDENT:
RAMESHWAR & ANR.
DATE OF JUDGMENT03/11/1995 BENCH:
RAMASWAMY, K. BENCH:
RAMASWAMY, K. HANSARIA B.L. (J) CITATION:
1995 SCC Supl. (4) 614 JT 1995 (9) 134 1995 SCALE (6)400 ACT:
HEADNOTE:
JUDGMENT:
O R D E R Leave granted.
We have heard learned counsel for the parties. They agreed across the Bar, at the suggestion of the Court, that respondent No.1 would pay to respondent a sum of Rs.700/- [Rupees seven hundred] per month starting from November 1, 1995 on or before 5th of every succeeding month. All the pending proceedings between the parties stand closed. There shall be a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1956, with effect from the date of the judgment of the lower appellate court, i.e., from December 22, 1989. In case the respondents commit any default in payment of alimony the appellant would be at liberty to have it recovered by arrest and detention in prison.
The appeal is disposed of accordingly. No costs.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Balaji Raghavan/S P Anand vs Union Of India

Court

Supreme Court Of India

JudgmentDate
15 December, 1995
Judges
  • A M Ahmadi Cji
  • Kuldip Singh
  • B P Jeevan Reddy
  • N P Singh
  • S Saghir Ahmad