LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/akanksha-arora-vs-tanay-maben-20241204/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Akanksha Arora vs Tanay Maben

Court
Supreme Court of India
Date
4 December 2024
Case No.
Criminal Appeal No(s). 5004 of 2024
Result
Disposed
Bench
Pankaj Mithal, Sandeep Mehta
Citation
[2024] 12 S.C.R. 954 : 2024 INSC 962
Acts & Sections
CrPC
Supreme Court Reports [2024] 12 S.C.R. 954 : 2024 INSC 962
Issue for consideration
Whether the High Court can convert the petition u/s.482 CrPC into a revision u/s.397 CrPC and decide it as per law; Whether s.397 CrPC can affect the amplitude of the inherent powers of the High Court u/s. 482 CrPC.
Headnote

Code of Criminal Procedure, 1973 – s.482 and s.397 – Appellantwife filed a petition u/s.482 CrPC in the High Court seeking enhancement of interim maintenance – The said petition has been dismissed by the High Court by the order impugned on the ground that it is not maintainable as the appellant-wife has a remedy of a revision u/s.397 CrPC – Correctness: Held: In a catena of decisions, it has been provided that nomenclature of a petition is immaterial and for doing substantive justice, the High Court can always convert a petition u/s.482 CrPC to a revision u/s.397 CrPC and vice versa – The approach of the High Court in dismissing the petition filed by the appellant u/s.482 CrPC on the hyper technical ground that she had to avail the remedy of revision cannot be appreciated – Nothing in CrPC, not even s.397, can affect the amplitude of the inherent powers preserved in so many terms by the language of s.482 CrPC – Even if the High Court was of the view that the appellant should have invoked the jurisdiction u/s.397 CrPC for seeking enhancement of interim maintenance, it ought not to have non-suited the appellant only on the ground of alternative remedy – The judicious approach would have been to convert the petition u/s.482 CrPC into a revision u/s.397 CrPC and to have decided the same as per law – Therefore, the impugned order of the High Court is set aside and the matter is remanded to the High Court with a further direction to convert the petition u/s.482 CrPC as a criminal revision u/s.397 CrPC and decide it in accordance with law after affording opportunity of hearing to the parties. [Paras 7, 9, 10, 11]

Keywords: Section 482 of Code of Criminal Procedure, 1973 · Section 397 of the Code of Criminal Procedure, 1973 · Enhancement of interim maintenance · Remedy of Revision · Inherent power of the High Court · Alternative remedy

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Service of notice upon the respondent is complete, but no one has entered appearance on his behalf. 2. Leave granted. 3. We have heard learned counsel for the appellant. 4. The appellant by means of this appeal is assailing the judgment and order dated 21.09.2023 passed by the High Court of Jabalpur in Miscellaneous Criminal Case No.18481 of 2022 titled as 'Akanksha Arora vs. Tanay Maben. 5. It appears that the Principal Judge, Family Court vide order dated 08.03.2022 in exercise of powers under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the CrPC') had fixed
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →