In this Writ Petition, the Constitution validity of sub- section (3) of Section 125 of the Criminal Procedure Code, 1973, is called in question. The contention is that, the said sub- section is violative of the fundamental rights guaranteed by Articles 14 and 21 of the Constitution. I find no substance whatsoever in this contention. Section 125, in so far as it is relevant, reads as follows:

“125. Order for maintenance of wives, children and parents:

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the First Class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintainance of his wife, or such child, father or mother, at such monthly rate, not exceeding five hundred rupees in the