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
- 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
- Section 482, Code of Criminal Procedure, 1973Relying on Madhu Limaye and Prabhu Chawla, the Court held that nothing in the Code, including Section 397, limits the inherent powers saved by Section 482, and that the availability of a revision is not by itself a ground to dismiss a Section 482 petition. (¶¶ 7, 8, 9, 10)
- Section 397, Code of Criminal Procedure, 1973Even if the High Court thought revision under Section 397 was the proper remedy against the Family Court's interim maintenance order, it should have treated the Section 482 petition as a revision and decided it. (¶¶ 6, 7, 10, 11)
Held
- The nomenclature of a petition is immaterial; to do substantive justice the High Court can convert a petition under Section 482 CrPC into a revision under Section 397 CrPC and vice versa. (¶¶ 7, 8)
- The availability of an alternative remedy of criminal revision under Section 397 CrPC is not by itself a good ground to dismiss an application under Section 482 CrPC; inherent powers should not invade areas covered by specific powers, but the only limitation is self-restraint. (¶ 9)
- Dismissing the wife's petition for enhancement of interim maintenance on the hyper-technical ground that she should have filed a revision was unjustified and needlessly forced her to approach the Supreme Court; the judicious course was to convert the petition into a revision and decide it in accordance with law. (¶¶ 7, 10)
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.