Supreme Court of India

Sanjeev Kapoor v. Chandana Kapoor & Ors.

Neutral citation
Reported as [2020] 1 S.C.R. 663
Bench Ashok Bhushan and R. Subhash Reddy JJ.
Decided 19 February 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that there is a non-rebuttable presumption that the legislature while making a provision like Secti on 125 Cr.P.C., to fulfil its constitutional duty in good faith, had always intended to give relief to the woman becoming “wife” under such circumstances.

Judgment, page 13

From the headnote

Code of Criminal Procedure, 1973: s.362 – Court not to alter judgment – In the instant case, the Family Court di sposed of the maintenance petition under s.125 CrPC filed by resp ondent-wife directing appellant-husband to pay monthly maintenan ce and the parties to the dispute to file petition for divorce by mu tual consent – Husband paid the maintenance for four months only – Respondent- wife filed execution petition for enforcement of the order f or payment of maintenance – Family Court rejected the executio n petition holding that the order of maintenance was purely condit ional and was

Where later benches applied it

Of those, 1 relied on · 1 referred to

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