IMPORTANT POINT
Maintenance cases – There is urgent need for Family Court Judges to exercise their judicial mind with heightened sensitivity and responsibility – Judicial system must prioritize expeditious disposal of maintenance cases of destitute women.

JUDGMENT

Heard Shri Sudhir Mehrotra, learned Amicus Curiae, learned counsel for the revisionist-wife, learned A.G.A. for the Staterespondent, and perused the record.

2. Succinctly, the brief facts outlined in the application filed u/s 125 Cr.P.C. by the revisionist-wife are that the revisionist-wife married to respondent-husband on 2.7.2012 as per Hindu rites and ceremonies and approximately Rs.10 lacs were spent on the solemnization of the marriage by the revisionist-wife’s parents. The revisionist-wife was discharging all the matrimonial obligations, and on 8.3.2015, a baby girl was born out of the said wedlock, who is residing with the revisionist-wife. Despite performing all matrimonial obligations, the in-laws started raising demands of dowry and perpetuating cruelty on the revisionist-wife mentally and physically both. The younger brother of the respondent-husband had attempted to outrage the modesty of the revisionist-wife many a times, to which she complained to her husband, but he continued to do so as the revisionist-wife’s husband kept silent. On 16.12.2024, a panchayat was convened in the village. The family members from the in-laws side were persuaded to keep the revisionist-wife in good condition, but the respondent-husband kept on perpetuating cruelty to the revisionist-wife. On 25.12.2017, the respondent-husband’s younger brother attempted to commit rape upon the revisionist-wife, and when she complained to her husband, she was assaulted and abused in filthy language. A medical was also conducted on 27.12.2017 at the District Hospital Saharanpur. Since 27.12.2017, the revisionist-wife has been living separately, and lastly stated that the respondent-husband works as a Supervisor in a factory, and besides the job, he also owns a welding machine at Fatehpur Road and earns more than Rs.45,000/- per month, whereas revisionist-wife has no source of income, and she is living a life of destitute.

3. The respondent-husband has refused to maintain the revisionistwife, therefore, she had approached the learned Family Judge for maintenance by way of application u/s 125 Cr.P.C. wherein the learned Additional District Judge/Fast Track Court-II/Family Judge, Saharanpur vide order dated 19.4.2019 awarded Rs.5000/- per month to the revisionist-wife and Rs.3000/- per month the the minor child till she attains the age of majority or solemnization of her marriage, towards maintenance, but the respondent-husband has not paid even a single penny to the destitute wife. Aggrieved by the order dated 19.4.2019, the respondent-husband approached the learned Family Court by way of application u/s 126(2) Cr.P.C. for setting aside the ex-parte order dated 19.4.2019, which was allowed vide order dated 17.1.2023, and the ex-parte maintenance order dated 19.4.2019 was set aside and restored to its original number and status subject to cost of Rs.1500/-. Thereafter, on 30.11.2023, the application was erroneously dismissed for want of prosecution.

4. Feeling aggrieved, the revisionist-wife has preferred the instant revision petition assailing the legality and validity of the impugned order dated 30.11.2023 passed by the learned Additional Principal Judge, Family Court, Saharanpur, in Criminal Misc. Case No.12 of 2018 (new Case No.21/2018). The impugned order, along with the endorsement made by the revisionist-wife on the order sheet, are extracted herein below: (Please see image on next page)

5. It is anomalous that despite having a grudging endorsement by the destitute revisionist wife, who has been regularly visiting the courts since 2018 and had lost all hope from the learned Family Court to get timely justice, she thus made the aforesaid endorsement with hope and expectation that a better sense would prevail on the learned Family Judge to decide her maintenance application pending almost for last six years undecided. She regularly attended the court proceedings diligently and perhaps had no idea of the endorsement’s consequences and outcome;