Section 125 of the Code of Criminal Procedure, 1973 is a measure of social justice aimed at protecting women and children from starvation. It provides a legal right for the wife and children to claim maintenance from the husband when they are unable to maintain themselves.

HARI PAL VERMA, J.

1. The petitioner has filed the present revision petition against the order dated 7.6.2014 passed by learned District Judge, Family Court, Ambala whereby the petitioner has been ordered to pay Rs. 6,000/- per month as maintenance to the respondent under Section 125 of the Code of Criminal Procedure, 1973.

2. Briefly stated, respondent Sanjana has filed a petition under Section 125 Cr.P.C against the petitioner-husband for claiming maintenance. It is the case of the respondent that marriage between the parties was solemnised on 3.12.2010 according to Hindu rites and ceremonies and a huge amount was spent in the marriage. But from the very inception of marriage, the behaviour of petitioner-husband and his family members was cruel towards her. They started raising demand of motorcycle and ultimately, she was turned out from the matrimonial home after giving severe beatings. In the Panchayat held on 15.7.2011, the petitioner had assured to keep the respondent with due respect, but again, after about one month, the petitioner and his family members turned out the respondent from the matrimonial home.

3. The respondent-wife filed a petition under Section 125 Cr.PC and pleaded that she was not having any source of income to maintain herself as she did not possess any movable or immovable property in her name, whereas the petitioner-husband has been serving in a private company 'GATES' at Lalru as mechanical engineer and was drawing salary of Rs. 20,000/- per month. The respondent-wife, thus, prayed for grant of maintenance amounting to Rs. 10,000/- per month for her.

4. The petitioner-husband filed reply to the said petition taking preliminary objections that the petition under Section 125 Cr.PC is not maintainable as the respondent was not a legally wedded wife of the petitioner, because no marriage was performed between them. Further, the respondent was having sufficient source of income to maintain herself as she is a computer expert.

5. The respondent-wife in support of her claim examined Ajit Pal Singh as PW1, Rajni as PW2 and herself as PW3 and tendered her affidavit as Ex.PW3/A. She also examined her brother Gagan Mongia as PW4 and closed her evidence. Whereas, the petitioner-husband appeared in the witness box as RW1 and tendered his affidavit as Ex.RW1/A which is similar to the lines of his written statement. He also examined Mam Raj Singh as RW2 who tendered his affidavit as Ex.RW2/A and then, the petitioner-husband closed his evidence.

6. Learned Family Court vide order dated 7.6.2014 allowed the petition under Section 125 Cr.PC filed by the respondent-wife and she was held entitled to claim maintenance from the petitioner-husband @ Rs. 6,000/- per month from the date of filing of the litigation besides a sum of Rs. 5,500/- as litigation expenses. On the point in issue as to whether the parties are legally wedded or not, learned Family Court has observed as under:

"19. In view of my above discussion, it can be concluded that the petitioner is the legally wedded wife of the respondent. Keeping into account the peculiar facts and circumstances of the case, it cannot be said that petitioner was wilfully residing separate from the respondent. Taking into consideration these facts, petitioner cannot be denied to claim maintenance from the respondent and the petitioner held entitled for the same. In Chaturbhuj v. Sita Bai, 2008(1) Cri.CC 100 (S.C.) the Hon'ble Supreme Court of India has held that Section 125 Cr.P.C. is a measure of social justice and is specially enacted to protect women and children. It has been further held that the object is to prevent vagrancy and destitution and a speedy remedy for the supply of food, clothing and shelter to the deserted wife. It gives effect to fundamental rights and natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves. Otherwise also, Section 125 Cr.P.C. is a measure of social justice and is especially enacted