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2012 Supreme(Mad) 2309

S.NAGAMUTHU
B. Clement – Appellant
Versus
Mcthel Thanga Annam @ P. Mcthel – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:V. Lakshmi Narayanan, Advocate.
For the Respondent:K.P. Anantha Krishna, Government Advocate. [Criminal Side].

Judgment :-

1. The Provision for order for maintenance of wives, children and parents envisaged in chapter X of the Code of Criminal Procedure serves a social purpose. It is a measure of social justice and specially enacted to protect women, children and parents and it falls within the constitutional sweep of Article 15(3) of the Constitution of India reinforced by Article 39 of the Constitution of India. The intention of the legislature is to cast an obligation upon a person, who neglects or refuses to maintain his wife or children or parents. As has been held by the Hon'ble Supreme Court, the provisions of this Chapter constitute a complete code in itself and the proceedings referred to thereunder are basically of civil nature, that are certainly not punitive and that the rights of the parties have got to be determined with reference to the object which the proceedings are expected to serve [vide Nandlal Mishra v. Kanhaiya Lal Misra, AIR 1960 SC 882]. As the heading of the chapter itself indicates, these provisions relate only to order for maintenance in favour of wives, children and parents and it does not encompass in it's sweep an order for maintenance in favour of the husband








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