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1986 Supreme(Gau) 39

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


Advocates Appeared:
M.A.Sheikh, A.S.Choudhury

It saddens me to watch and see the multifold increase of Criminal Revisions against orders granting or refusing to grant maintenance u/s. 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. Sec. 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 us. 125. I also find that they get minimal or inconsequential maintenance allowances. It is well-nigh impossible for them to contest proceedings in Court.

2. Now, the problem is how to provide justice ? What should 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 Constitutional obligation of the State, rather it is the










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