VidhiSangh

Supreme Court of India · 04/12/2024

AKANKSHA ARORA versus TANAY MABEN

[2024] 12 S.C.R. 954

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The High Court dismissed a wife's Section 482 CrPC petition seeking enhancement of interim maintenance as not maintainable because a revision under Section 397 lay. The Supreme Court held that the label of a petition is immaterial and the High Court should have converted it into a revision and decided it on merits.

Issues

  1. Whether the High Court was right in dismissing a petition under Section 482 CrPC, seeking enhancement of interim maintenance fixed under Section 125 CrPC, solely because a revision under Section 397 CrPC was available.

Provisions considered

Held

Result

Appeal disposed of; impugned High Court order set aside and matter remitted with a direction to convert the Section 482 petition into a criminal revision under Section 397 CrPC and decide it on merits after hearing the parties.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 954.