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1988 Supreme(AP) 182

K.JAYACHANDRA REDDY, V.BHASKARA RAO
Ayyagari Suryanarayana Vara Prasada Rao – Appellant
Versus
Ayyagari Venkatakrishna Veni – Respondent


JAYACHANDRA REDDY, J.

( 1 ) THE concept of "maintenance" is always being favoured by all religions and corresponding laws. Under many laws in which the concept of maintenance is recognised, there are provisions insisting upon the maintenance and support of various members of family. It can be insisted where this pious duty is not being discharged dutifully. Therefore, to compel such persons to support these who are to be maintained by them, the necessity of providing some penal provisions was felt. In our Code of Criminal Procedure formerly S. 488 was introduced for compelling persons mentioned therein, having sufficient means to maintain wife, father, mother, etc. In the Code of Criminal Procedure, 1973, S. 125, on the same lines, is introduced and this section authorises the Judicial Magistrate of First Class to order under certain circumstances payment of maintenance to wife, legitimate, illegitimate minor children, father and mother who are unable to maintain themselves. The object of these proceedings regarding maintenance is to prevent the vagrancy by compelling a person to support the persons mentioned in the provisions of that law. Though these provisions are not strictly p










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