SECTION-IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4432 OF 2013 JAGDISH KAUR ...PETITIONERS VERSUS RAGHUBIR SINGH ...RESPONDENT OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 29.04.2013 when the Court was pleased to pass the following order: “ Delay condoned. Issue notice.” Accordingly Show Cause Notice was issued to the sole Respondent through Regd. A.D. Post on 22.05.2013. It is submitted that Ms. Manjusha Wadhawa, Advocate has on 25 th Feburary, 2014 and 9 th July, 2014 filed Vakalatnama/Appearance and Counter Affidavit on behalf of the sole respondent. ( Copy of the counter affidavit is being circulated herewith for kind perusal of the Hon'ble Court.) Service of show cause notice is complete. The matter is listed before the Hon'ble Court with this office report. DATED this the 12 th day of August, 2014. ASSISTANT REGISTRAR COPY TO: 1. Mr. Devvrat, Advocate 2. Ms. Manjusha Wadhawa, Advocate ASSISTANT REGISTRAR SK-C2
â ITEM NO.34 COURT NO.9 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 4432/2013 (Arising out of impugned final judgment and order dated 30/11/2012 in CRLM No. 25184/2011 passed by the High Court Of Punjab & Haryana At Chandigarh) JAGDISH KAUR Petitioner(s) VERSUS RAGHUBIR SINGH Respondent(s) (With office report) Date : 14/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. Satwinder Kaur, Adv. Mr. Devvrat ,Adv. For Respondent(s) Mr. Sanjay Sarin, Adv. Ms. Gagan Deep Kaur, Adv. Ms. Manjusha Wadhwa ,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The apeal is disposed of in terms of the signed order. (DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER (The signed order is placed on the file)Signature Not VerifiedDigitally signed byDeepak MansukhaniDate: 2014.08.1917:07:08 ISTReason: IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(s). 1728 OF 2014 (Arising out of SLP(Crl.) No(s). 4432 of 2013)JAGDISH KAUR Appellant(s) VERSUSRAGHUBIR SINGH Respondent(s) O R D E R Leave granted.
A very short issue, in a narrow compass, arises forconsideration in this case. The appellant herein hadfiled a petition under Section 125 of the CrPC for grantof maintenance against the respondent herein who is herhusband. The Magistrate had granted maintenance at therate of Rs. 250/- per month. As the appellant was notsatisfied with the rate of maintenance, she filed appealagainst the said order. The Appellate Court enhanced themaintenance to Rs. 1500/- per month. Revision was filedby the respondent husband challenging the order. Theorder is maintained insofar as revision is concerned butmodified the order of the Appellate Court in grantingenhanced amount from the date of the order. The only grievance raised in this appeal is thatthe maintenance should have been granted from the date ofthe application and not from the date of the order. Theissue is more res integra. This Court in Sau SumanNarayan Niphade and another Vs. Narayan Sitaram Niphadeand another 1996 SCC (Cri.) 53 has categorically heldthat the enhanced maintenance is to be from the date ofthe application and not from the date of order of theAppellate Court. Accordingly, that portion of theimpugned judgment of the High Court modifying the orderof the Appellate Court and granting maintenance from thedate of order is set aside and the order of the AppellateCourt is restored. It is made clear that the appellantshall be entitled to maintenance of Rs. 1500/- per monthfrom the date of the application. The appeal stands disposed of accordingly. ...........................J. (J. CHELAMESWAR) ...........................J. (A.K. SIKRI)NEW DELHIAUGUST 14, 2014.
VITEM NO.57 REGISTRAR COURT.1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.A. SAYEEDPetition(s) for Special Leave to Appeal (Crl) No(s).4432/2013JAGDISH KAUR Petitioner(s) VERSUSRAGHUBIR SINGH Respondent(s)Date: 29/01/2014 This Petition was called on for hearing today.For Petitioner(s) Ms Satwinder Kaur, Adv. Mr. Devvrat,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Service report in respect of the sole respondent is awaited. List again on 15.4.2014.| | |(M.A.SAYEED) || | |REGISTRAR |hj
ÐITEM NO.73 REGISTRAR COURT.1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.A. SAYEEDPetition(s) for Special Leave to Appeal (Crl) No(s).4432/2013JAGDISH KAUR Petitioner(s) VERSUSRAGHUBIR SINGH Respondent(s)Date: 12/11/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Devvrat,Adv. Ms. Satwinder,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R On filing process fee and spare copies in two weeks, notice to beissued forthwith to the Ld, Counsel for Respondent through the concernedDistrict Court in addition to postal service. List on 2.1.2014.| | | (M.A. SAYEED) || | |REGISTRAR || | | |MS
ÆITEM NO.69 REGISTRAR COURT.1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.A. SAYEEDPetition(s) for Special Leave to Appeal (Crl) No(s).4432/2013JAGDISH KAUR Petitioner(s) VERSUSRAGHUBIR SINGH Respondent(s)Date: 06/09/2013 This Petition was called on for hearing today.For Petitioner(s) Ms Satwinder Kaur, Adv. Mr. Devvrat,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Notice be re issued to the sole respondent through the concernedDistrict Court in addition to postal service. List again on 28.10.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
¦ITEM NO.31 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2013 CRLMP.NO(s). 8689(From the judgement and order dated 30/11/2012 in CRLM No.25184/2011, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)JAGDISH KAUR Petitioner(s) VERSUSRAGHUBIR SINGH Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 29/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE A.K SIKRIFor Petitioner(s) Mrs. Satwinder Kaur, Adv. Mr. Devvrat, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice.| (G. SUDHAKARA RAO) | | (USHA SHARMA) ||COURT MASTER | |COURT MASTER |