Supreme Court of India
Manik Kutum v. Julie Kutum
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What the Court ordered
We are of the view that there was no need to remand the case to the SDMJ as it would only prolong the litigation causing harm to the respondent(wife).
Judgment, page 4
From the headnote
Code of Criminal Procedure, 1973: s.125 – Maintenance – Application for maintenance filed by the respondent (wife) for herself and for her minor daughter – Trial court partly allowed the claim and awarded Rs. 2000/- p.m. towar ds maintenance for her minor daughter but rejected the clai m insofar as it related to the respondent on the ground that she was not legally married wife of the appellant – Respondent filed revisi on in High Court – High Court remanded the case to trial court to decide application afresh – On husband’s appeal, held: High Court erred in remanding the case to trial court
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