IMPORTANT POINT
The court affirmed that while Section 125 of Cr.P.C. does not explicitly provide for ad-interim maintenance, it can be granted by implication in exceptional circumstances, emphasizing the need for judicial discretion.

JUDGMENT :

Sumeet Goel, J.

Present revision petition has been preferred against the order dated 02.05.2024 passed by the Additional Principal Judge, Family Court, Ludhiana (hereinafter to be referred as the ‘concerned Family Court’) whereby the petitioner (herein) has been directed to make payment of ad- interim maintenance at the rate of Rs.3500/- per month to respondent No.1 and Rs.2000/- per month to respondent No.3 from the date of application till the adjudication of the application for interim maintenance on merits.

2. Learned counsel for the petitioner has argued that the impugned order dated 02.05.2024 is against the statute as there is no legislative mandate for grant of any ad-interim maintenance under Section 125 of Cr.P.C pending final disposal of an application for interim maintenance. Learned quantum counsel for the petitioner has further argued that, in any case, the of ad-interim maintenance awarded is on the higher side as respondent No.1 is a working lady and has sufficient income to maintain herself and the children. Thus, it has been prayed that the instant petition be accepted and the impugned order dated 02.05.2024 be set-aside.

3. Learned counsel appearing for the respondents has argued that the petitioner (herein) has been directed to pay ad-interim maintenance to tide over the difficulties being faced by the respondents (herein) during the pendency of application for interim maintenance. Learned counsel has further submitted that even if there is no statutory mandate in Cr.P.C., 1973 to grant d-interim maintenance yet, the factual matrix of the lis indicates that the ad-interim maintenance was required to be paid to the respondents (herein) in view of financial difficulties being faced by them. Thus, dismissal of the instant petition is prayed for.

4. This Court has heard learned counsel for the rival parties and have perused the record.

5. It would be apposite to refer herein to a judgment passed by this Court in case titled as Rahul Dewan vs. Micky Dewan and another 2024 PHHC:106589; relevant whereof reads as under:

“8. The marriage is a solemn covenant between two people on equal footing; it is an admittance into family life which becomes a basic unit of community and nation. When children are born to this sacred covenant, the marriage does not remain an entity ensconced between the couple, but it pivots into a family wherein children’s presence kindles a collective obligation for the parents, kinsfolk and even the society at large. It is not just legally binding, but a foremost moral and divine duty to provide for and support one’s family. A father/husband cannot forsake his duty towards his family. A mother/wife is not a vulnerable helpless person, to be treated with commiseration, but is entitle to equal stature in a marriage, family and society. A husband/father cannot be allowed to be derelict in his obligation to give his wife/children their dues. Especially, if this will otherwise lead to penury and hardship for the wife/children, it must be remedied beyond all other considerations. It is with this ineffable salutary objective that Section 125 of Cr.P.C., 1973/Section 144 of BNSS, 2023 have been enacted. This provision is a measure of social justice and has been specially enacted to protect women and children. It is trite law that a social statute is essentially the formidable application of equality jurisprudence, as evolved by the Parliament and the Hon’ble Supreme Court, in myriad situation brought forward before Courts where unequal parties are pitted in adversary proceedings & where the Courts are called upon to dispense justice. In such a situation, the Court has to not only be sensitive to the inequalities of the parties involved but also positively inclined to the disadvantaged party if the imbalance were to result in miscarriage of justice. The statutory provision of maintenance; as contained in Section 125 of Cr.P.C., 1973/Section 144 of BNSS, 2023; would definitely fall in this category,