The main legal point established in the judgment is the importance of providing financial support to the wife and children during matrimonial proceedings, the differences between the provisions of Section 24 of the Hindu Marriage Act and Section 125 Cr.P.C., and the need for expeditious disposal of maintenance petitions.

1. Since only a narrow legal point is involved, we shall dispose of this revision today at the admission stage itself.

2. The revision petitioner is the wife of the respondent. They have married on 3.9.1998 according to Hindu rites and customs in Gudiyatham, Vellore District. They were blessed with three children. They are Vignesh, Dharshini and Harini. They were born on 6.2.2004, on 19.11.2006 and on 11.1.2009 respectively.

3. Marital discordance arose between the spouses. Consequently, they started living separately. The children are stated to be with their mother. In the circumstances, the husband filed HMOP No. 76 of 2013 in the Sub-Court, Gudiyatham, seeking dissolution of his marriage with her on the ground of willful desertion and cruelty. She filed counter refuting his allegations. She also alleged that he ill-treated her with cruelty and also forced her to consent for his second marriage with another woman.

4. She is a homemaker. She has no independent income of her own. She has no financial sources for the survival of herself and her children. In the circumstances, in the HMOP, she filed I.A. No. 20 of 2014 under Sections 24 and 26 of the Hindu Marriage Act, 1955 seeking maintenance for herself and also for her children.

5. This was opposed to tooth and nail by her husband also on the ground that she is already in receipt of Rs. 1,500/- p.m. and Rs. 1,000/- p.m. by each child in MC No. 9 of 2014 on the file of the learned Judicial Magistrate, Gudiyatham.

6. After hearing both sides, ultimately, the learned Subordinate Judge dismissed their maintenance petition on the ground that as already they are in receipt of maintenance under an order passed by the learned Judicial Magistrate, Gudiyatham under Section 125 Cr.P.C and if they want more they should have filed a petition for enhancement of maintenance before the learned Magistrate.

7. Aggrieved, this revision has been filed by the wife.

8. An husbands obligation to maintain his wife arises on marriage. Such obligation towards his children arises on their birth. These obligations are imposed on him by operation of law. It is also a moral obligation imposed upon him. It is immoral and illegal to deny them maintenance. In my view, it is a sacred duty of an husband or father, as the case may be, towards his wife and children. This is the least the father of a girl expects from his son-in-law. Otherwise why should he marry a woman and leave her and her children in lurch in the street.

9. Besides the love and affection of their father, the children can also seek financial support from their putative father for their genuine and reasonable needs. It is too cruel on his part to deny them maintenance. There may be many disputes or differences between their parents but that cannot be a reason to refuse them maintenance and make them to suffer. In matrimonial disputes the innocent children are the worst sufferers.

10. In the Old Code of Criminal Procedure, 1898, in Section 488, a provision for maintenance had been made for the wives, children, age old parents to prevent vagrancy among them. When an husband, who had sufficient means/financial capacity had failed and neglected to maintain his wife and children, who are unable to maintain themselves, the said Section 488 can be invoked. The maintenance petition has to be disposed of in a summary manner by the learned Magistrates.

11. In the New Code of Criminal Procedure, 1973, in Chapter IX, Sections 125 to 128 deals with providing of maintenance to wives, children and parents. The object of inserting such a provision in a Criminal statute is to give them immediate relief. And the Magistrates are expected to enquire and dispose of these petitions in a summary manner at the quickest possible time.

12. As per clause (b) of Explanation to Section 125(1), Cr.P.C. even a divorced woman, whether she has been divorced or has obtained divorce can also seek maintenance. Through an amendment made in 2001 provision has been made to provide them