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K.LAHIRI
Shri Mokshed Ali – Appellant
Versus
Mustt. Safura Khatoon – Respondent


An Advocate appointed Amicus Curiae for the opposite party.
A.S. Choudhary and M.A. Sheikh, Advocates-For the Petitioner.

JUDGMENT

K. Lahiri, J. - It saddens me to watch and see the multifold increase of Criminal Revisions against orders granting or refusing to grant maintenance under section 125, Criminal Procedure Code, 1973, for short 'the Code' and to note the plight of the parties, who are utterly poor, more particularly the neglected wives. Section 125 of 'the Code' enables a wife or a child or parents to get maintenance upon proof of neglect or refusal by the husbands, parents and sons, who having means to sustain them do not provide the maintenance. It is thus clear that those unable to maintain themselves ask for and get maintenance under section 125. I also find that they get minimal or inconsequential maintenance allowances. It is well-nigh impossible for them to contest the proceedings in Court.

2. Now, the problem is how to provide justice? What would be done under similar circumstances say, in the instant case? Can the neglected wife getting a paltry sum of Rs. 175/-per month to sustain herself and her child fight this litigation. This is just an illustrative case. In my opinion the wretched, the poor and the neglected must be given legal aid or assistance by the State. It is the Constit

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