A.K.Sikri, Rakesh Kumar Jain
Vijay Kumar – Appellant
Versus
State of Punjab – Respondent
Mr. A.K. Sikri, C.J. (Oral):- The destitute wife of the appellant herein, who is taking care of 2 minor school going children as well, made a request to the respondents authorities, where the appellant is employed, to direct the appellant to pay maintenance from the salary drawn by the appellant. The Director General of Police, Punjab, passed an order directing payment of 50% salary of the appellant directly to his wife and two minor school going children. The appellant challenged this order by filing writ petition which is disposed of by the learned Single Judge, with the following observations:-
“[3] The social security concept envisaged by the Legislature through Sections 24 of the Hindu Marriage Act, 1955 or 125 of the Code of Criminal Procedure, are not only for the sustenance of a victim-spouse but also to boost the morale of such victim with enough strength to fight the unequal legal battle waged by the dominating spouse. These provisions are like ‘life-saving drug(s)’ for providing urgent and timely assistance and the legislative intentment behind these provisions cannot be derailed by giving them effect as a ‘posthumous’ award on the victim.
[4] It would be useful
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