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Supreme Court of India 2020-02-19 dismissed

Sanjeev Kapoor vs Chandana Kapoor & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal, the Supreme Court examined whether the bar against a court altering or reviewing its own judgment (under Code of Criminal Procedure s. 362) prevented a Family Court from reviving the appellant's wife's maintenance application after setting aside a prior settlement order. The Court held that the embargo has statutory exceptions. Since the Family Court's order to revive the maintenance application fell within permissible exceptions and achieved substantial justice, the High Court had not erred in upholding it. The appeal was dismissed, affirming that courts' inherent powers to ensure justice permit such revival in appropriate circumstances."

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Maintenance and Alimony Criminal Procedure Family Law High Court Powers Jurisdiction

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