AKANKSHA ARORA versus TANAY MABEN

Citation: [2024] 12 S.C.R. 954 · Decided: 04-12-2024 · Supreme Court of India · Bench: PANKAJ MITHAL, SANDEEP MEHTA · Disposal: Disposed off
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Judgment (excerpt)

[2024] 12 S.C.R. 954 : 2024 INSC 962
Akanksha Arora
v.
Tanay Maben
(Criminal Appeal No(s). 5004 of 2024)
04 December 2024
[Pankaj Mithal and Sandeep Mehta, JJ.]
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.
Headnotes†
Code of Criminal Procedure, 1973 – s.482 and s.397 – Appellant-
wife 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]
[2024] 12 S.C.R. 
955
Akanksha Arora v. Tanay Maben
Case Law Cited
Madhu Limaye v. The State of Maharashtra [1978] 1 SCR 749 : 
(1977) 4 SCC 551; Prabhu Chawla v. State of Rajasthan and 
Another [2016] 4 SCR 281 : (1977) 4 SCC 551 – referred to.
List of Acts
Code of Criminal Procedure, 1973.
List of 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.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
5004 of 2024
From the Judgment and Order dated 21.09.2023 of the High Court 
of Madhya Pradesh Principal Seat at Jabalpur in MCRLC No. 18481 
of 2022
Appearances for Parties
Vatsal Joshi, Gurdeep Wadhwa, Akshay Amritanshu, Ms. Swati 
Mishra, Ms. Pragya Upadhyay, Ms. Drishti Saraf, Advs. for the 
Appellant.
Judgment / Order of the Supreme Court
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.
956
[2024] 12 S.C.R.
Supreme Court Reports
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 interim 
maintenance in favour of the appellant.
6.	
Being dissatisfied with the quantum of interim maintenance, the 
appellant-wife had filed a petition under Section 482 CrPC in the High 
Court seeking enhancement. 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 
under Section 397 CrPC.
7.	
This Court has, in a catena of decisions, provided that nomenclature 
of a petition is immaterial and for doing substantive justice, the High 
Court can always convert a petition under Section 482 CrPC to a 
revision under Section 397 CrPC and vice versa. The approach of 
the High Court in dismissing the petition filed by the appellant under 
Section 482 CrPC on the hyper technical ground that she had to 
avail t
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