while giving final orders on fir quashing. does judge order for child/

783 votes

The power to grant or finally determine maintenance lies with the Family Court / Magistrate under the relevant statutory provisions. Even after quashing of the FIR, the wife and child remain fully entitled to pursue or continue maintenance proceedings, and such claims are decided on their own merits, unaffected by the quashing order.

Advocate Madhvi Chopra LawRato

781 votes

When a High Court decides a petition for quashing of an FIR under Section 482 CrPC or Article 226 of the Constitution, its primary jurisdiction is confined to examining the legality of the criminal proceedings. As a general rule, the court does not adjudicate or finally determine issues of child or wife maintenance while passing final orders on FIR quashing. Maintenance proceedings are independent civil or quasi-criminal remedies governed by specific statutes such as Section 125 CrPC, the Protection of Women from Domestic Violence Act, 2005, or personal laws. These proceedings are decided by the competent Magistrate or Family Court, not in an FIR-quashing jurisdiction. However, there are limited situations where maintenance may indirectly feature: If the FIR is quashed on the basis of a settlement or compromise between the parties, the High Court may record agreed terms relating to maintenance or one-time settlement only if both parties consent and the terms are voluntarily placed before the court. Even then, the court is not “ordering” maintenance on its own; it is merely recording a mutually agreed arrangement. The High Court may also clarify that quashing of the FIR will not affect the rights of the wife or child to pursue maintenance in appropriate proceedings. This is commonly stated to avoid future disputes. The High Court does not have jurisdiction to unilaterally fix, enhance, reduce, or cancel maintenance while deciding FIR quashing, unless such relief is specifically sought, consented to, and legally maintainable within the scope of a settlement. If no settlement exists, and the FIR is quashed on merits (for example, abuse of process or absence of ingredients of offence), maintenance proceedings—whether pending or future—continue independently and are decided on their own evidence. In short, quashing of an FIR and maintenance are legally distinct. A judge does not normally pass maintenance orders while quashing an FIR, except to record consensual settlement terms or to expressly preserve the right to claim maintenance elsewhere.

Advocate Yuganshu Sharma LawRato

527 votes

Hi there, as per the rule judges order on only whatever was registered in the case. If maintenance of wife and child was mentioned then yes he can order with respect to it. However, to understand your exact situation I need more details as to the case. It's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

814 votes

No, while exercising the case power under section 482 of CrPC earlier and now 528 of BNSS such order cannot be given by the Hon’ble judges. Since maintenance proceedings require appreciation of various facts and evidence.

Advocate Harshit R Gupta LawRato

583 votes

no while deciding a petition for quashing of FIR the court does not pass orders regarding wife or child maintenance . maintenance is a separate civil/family relief and can be granted only in Independent proceedings however if there is a settlement or compromise between the parties placed before the court at the time of quashing , the Court may record agreed maintenance terms or direct compliance with an already agreed amount , but it cannot suo Moto fix or determine maintenance while quashing the FIR.

Advocate Surpreet Kaur LawRato