Appropriate Party to an SLP
Respected Sir, I filed SLP by challenging order of Bombay HC under case of 125 CrPC. In HC I made party to The state of Maharashtra, Through Govt pleader and my wife. In SLP also I made both of them as a party. Now Registry raised query that The respondent as a State, through Govt pleader is not correct. There should be someone else. I am confused whom to make party. Plz help.
Answered by Sammanika Rawat, Lawfarm Researcher:
A Special Leave Petition is filed in case of gross injustice or where a particular (constitutional) question of law is involved. Whereas S.125 CrPC is a civil cum criminal matter. Generally in maintenance matters under S. 125 the maintenance is claimed for the husband by the wife. State has no role to play in such a private matter and hence maintenance cannot be claimed from the state unless it is impossible for the husband to maintain his wife.
Since the Supreme Court has very wide powers under Article 142 (Enforcement of Decrees and orders) as well as Article 136 (Special Leave Petition), you may find multiple cases where SLPs have been filed with State as a respondent; however in your case since the State cannot give maintenance to your wife nor will you be liable to provide maintenance to the State (along with your wife) in any form; hence you cannot make as a respondent. This was an error at the High Court level itself.
Even though the matter is listed, registry is justified in raising its objection. You are advised to remove State from the respondent parties and limit it to your wife. You may submit a certificate mentioning the error at High Court level. The registry may then allow you.
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