IMPORTANT POINT
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.

JUDGMENT :

(Harpreet Singh Brar, J.) :

CRM-13770-2024 Prayer in the present application filed under Section 5 of the Limitation Act read with Section 482 Cr.P.C. is for condonation of delay of 11 days in filing the revision petition. In view of the averments made in the application, same is allowed and delay of 11 days in filing the revision petition is condoned. CRR(F)-452-2024 The present revision petition has been preferred against the impugned order dated 07.12.2023 passed by the learned Family Court, Fazilka under Section 125 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), vide which the interim maintenance of Rs. 15,000/- per month was awarded to be paid to the respondents i.e. Rs. 10,000/- to respondent No.1 and Rs. 5,000/- to respondent No.2.

2. The marriage between the petitioner and respondent No.1 was solemnized on 04.09.2006 according to Sikh rites and rituals. Out of this wedlock, two children i.e. one daughter namely Babbalpreet Kaur and one son namely Gurshan Singh were born. However, matrimonial dispute ensued between the couple and the respondents filed a petition under Section 125 Cr.P.C. seeking maintenance. The petitioner filed a reply and contested the claim made by the respondents. The learned Family Court vide order dated 07.12.2023 granted interim maintenance allowance of Rs. 15,000/- per month in favour of the respondents i.e. Rs. 10,000/- to respondent No.1 and Rs. 5,000/- to respondent No.2. Aggrieved by the same, the petitioner has approached this Court by filing the present petition.

3. Learned counsel for the petitioner, inter alia, contends that while granting interim maintenance under Section 125 Cr.P.C. vide impugned order dated 07.12.2023, the learned Court below has failed to adjust the amount of maintenance awarded under section 24 of Hindu Marriage Act, 1955, vide order dated 06.10.2023. It is further contended that successive claims for maintenance are required to be adjusted or set off, if any interim maintenance is awarded in the earlier proceedings whether it is under section 24 of Hindu Marriage Act or under Section 125 Cr.P.C. or any other proceedings under any statute. Reliance in this regard is placed upon Rajnesh’s case (supra).

4. Having heard learned counsel for the petitioner and after perusing the record with his able assistance, the matter is taken up for final disposal.

5. The object and purpose behind granting maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just and careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish the other spouse. The Courts are required to conduct the maintenance proceedings, while being alive to the legislative intent behind the provision under Section 125 Cr.P.C in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India.

6. A three-Judge Bench of the Hon’ble Supreme Court in Vimala (K.) v. Veeraswamy (K.) (1991) 2 SCC 375, speaking through Justice Fatima Beevi, opined as follows:

“3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife.”

7. Further, a two-Judge Bench of the Hon’ble Supreme Court in Kirtikant D. Vadodaria v. State of Gujarat (1996) 4 SCC 479, speaking through Justice Faizan Uddin, opined as follows:

“15... While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice t