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2021 Supreme(Jhk) 207

SHREE CHANDRASHEKHAR
Jotish @ Jyotish Mandal S/o Nageshwar Mandal – Appellant
Versus
Neelam Devi W/o Jotice Mandal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Lakhan Chandra Roy.
For the Respondent: Mr. Manoj Kumar Sah.

JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Neelam Devi and Gaurav Kumar, her minor son, filed an application under section 125 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) seeking maintenance of Rs. 10,000/- per month each for them. On their application, Maintenance Case No. 84 of 2012 was instituted and the parties laid oral and documentary evidences in support of their stand. By order dated 01.10.2016, the learned Principal Judge, Family Court, Godda has awarded maintenance of Rs. 3000/- each per month for both the applicants.

2. The husband has assailed legality of the order dated 01.10.2016 primarily on the ground that his wife was living in adultery and he is not biological father of the applicant no. 2.

3. Section 125 Cr.P.C. has been enacted as a measure of social justice to protect the married women, minor children and old parents. The object is to prevent vagrancy and destitution and it provides a speedy remedy to the deserted wife and minor children. In Vimla (K) vs. Veeraswamy (K), (1991) 2 SCC 375 the Hon'ble Supreme Court has observed that section 125 Cr.P.C. is meant to achieve a social purpose.

4. In the judgment in Dwarika Prasad Satpathy vs. Bidyut

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