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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering — with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt — with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court

Anju Garg & Anr. vs Deepak Kumar Garg

Criminal Appeal · Not availableDecided 28 Sept 2022

Criminal Appeal No. 1693 of 2022

Dinesh Maheshwari · Bela M. Trivedi

Background

Anju Garg (wife) and her son sought maintenance from her husband, Deepak Kumar Garg, alleging cruelty, dowry harassment, and abandonment that forced her to leave the matrimonial home with her children in 2010. The husband denied the allegations and even questioned the paternity of his son (later rejected DNA-test application was refused by the Family Court). The Family Court, after the husband's own defence was struck off for non-appearance, still dismissed the wife's and daughter's maintenance claims (while granting maintenance only to the son), and the High Court of Punjab and Haryana upheld that decision in a brief, unreasoned order.

Decision Breakdown

The Supreme Court held that both the Family Court and the High Court had misapplied the settled purpose of Section 125 CrPC — a social-welfare provision meant to prevent destitution of deserving wives, children and parents — by disbelieving the wife's unchallenged, on-oath testimony in favour of the husband's unsubstantiated oral submissions, especially since the husband's own conduct (evading court, having his cross-examination right closed) reflected disregard for the proceedings. Finding the husband able-bodied and obliged to earn and maintain his family regardless of his claimed loss of business income, the Court set aside the orders below and granted the wife Rs. 10,000 per month maintenance (in addition to the Rs. 6,000 already granted to the son), payable from the date of filing, with arrears to be deposited within eight weeks.

Lesson Learnt

A wife's unrebutted, sworn testimony about cruelty and abandonment cannot be brushed aside merely on the strength of the husband's bare oral denials with no supporting evidence; courts hearing maintenance claims under Section 125 CrPC must apply the provision's protective, welfare-oriented purpose rather than a narrow evidentiary technicality.

Anju Garg & Anr. vs Deepak Kumar Garg – Legal Case Shots | LegalAware