Case Citation
- Supreme Court of India
- Deepti Sharma vs. State of Uttar Pradesh & Anr.
- Criminal Appeal No. of 2024 (Special Leave Petition (Crl.) No. of 2024, Diary No. 21764 of 2022)
- Date of Judgment: December 17, 2024
- Judges: Sudhanshu Dhulia, J. and Ahsanuddin Amanullah, J.
Facts
The appellant, Deepti Sharma, was previously granted a divorce on the grounds of cruelty in 2016. She challenged a High Court order dated 20.12.2019 that restored her petition under Section 125 CrPC for maintenance, previously dismissed by the Family Court due to her absence. The High Court had directed the Family Court to hear the matter afresh on merits.
Contentions of the Appellant
The appellant argued that the High Court’s order restoring her Section 125 CrPC petition was unjustified. She sought direct intervention from the Supreme Court, bypassing the Family Court proceedings mandated by the High Court.
Contentions of the Respondent
The respondents contended that the High Court’s order was fair and procedural, aiming to ensure that the Family Court considered the appellant’s claims on merits.
Issues
- Whether the High Court was correct in restoring the appellant’s Section 125 CrPC petition.
- Whether the Supreme Court should interfere with the High Court’s procedural direction.
- Whether bypassing the Family Court proceedings was appropriate.
Observations/Findings by the Supreme Court
The Supreme Court found no reason to interfere with the High Court’s procedural order. It observed that the High Court merely directed the Family Court to reconsider the appellant’s petition, dismissed earlier due to non-appearance. The Court criticized the appellant’s approach of filing a lengthy, irrelevant synopsis and bypassing the Family Court.
Principle of the Case
Judicial orders directing procedural compliance should be respected. Litigants must follow procedural mandates and cannot bypass lower courts without cause.
Final Order
The Supreme Court dismissed the appeal, affirming the High Court’s order for the Family Court to decide the Section 125 CrPC petition on merits.
Importance of this Judgment to Society
This judgment emphasizes respect for procedural law and judicial hierarchy. It underscores that parties must pursue legal remedies through appropriate channels, ensuring orderly legal proceedings and reducing frivolous appeals.
