The legal status of marriage under personal law is essential to claim maintenance under Section 125, Cr. P. C., and requires legal, social, or religious sanction.

( 1 ) THIS revision arises against the judgment dated 17-5-1993 passed in Criminal Revision No. 341 of 1991 by IVth Additional Sessions Judge, Budaun allowing the revision and setting aside the order passed in Criminal Case No. 6 of 1991 under Section 125, Cr. P. C.

( 2 ) THE present revision is preferred against the aforesaid order setting aside the grant of maintenance allowance to the applicant. Before entering into the merits of the case this Court on 13-12-1999 had directed as under : "last opportunity is given to the parties to appear and argue the case failing which the case shall be decided on merit. "

( 3 ) LIST has been revised. No one has appeared even today on behalf of the applicant to press this revision. Shri Ran Vijay Singh, learned Counsel for the opposite party is present. The case was listed for delivery of judgment on 18-2-2000. On this day the counsel for the applicant appeared before the Court and desired to argue. He was heard. Before proceeding I wish to discuss the case relating to right to hearing by a party in a criminal revision.

( 4 ) CODE of Criminal Procedure contemplating such contingencies and situations enacted Section 403. It reads as under : -Option of Courts to hear parties.-Save as otherwise provided by this Code, no party has any right to be heard either personally or by the pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by a pleader.

( 5 ) FROM a bare perusal of Section 403 there remains no room for any complacence regarding the rights of any party to be heard by any Court who is exercising the revisional jurisdiction. It further subjects this denial to the right of hearing of any party to two conditions. (a) where the Code itself specially provides, the right of hearing cannot be curtailed or (b) where the Court on its own after an examination of records finds it fit to hear the parties, may hear them either personally or through their pleaders.

( 6 ) THUS no party preferring a revision application before any Court competent to exercise revisional powers enumerated in Sections 397 to 401, Cr. P. C. has a right of hearing. This provision is quite contrary to the right of hearing in appeals. No appeal can be decided without affording opportunity of hearing to the parties because it is so mandated by law.

( 7 ) THE withdrawal of this opportunity in revisions is to avoid unusual delay in disposal of trials, appeals, inquiry and any other proceeding. In revisions this power is to be exercised within a very limited compass. No Sections pertaining to exercise of revisional powers (Section 397 to 401, Cr. P. C.) create any vested right of hearing in the litigant. It is the discretion of the Court. The Courts have to use this power of theirs to foster the interest of justice. Mitigation of injustice, any impropriety or serious illegality resulting into miscarriage of justice is the theme behind the exercise of this power. The Courts, especially the High Courts, have to see that no subordinate Court exceeds its jurisdiction or abuse their powers in an arbitrary manner contrary to settled principles of law. It can be exercised (i) on being moved by an aggrieved party or (ii) by any other person on his behalf or (iii) suo motu on the basis of its own knowledge or knowledge derived from any other source.

( 8 ) ANALYSING Section 397 to Section 401, Cr. P. C. what is apparent is that this power is purely discretionary. Parties have only a latent right to invoke the exercise of this power either by a High Court or other Courts by motivating it i. e. bringing such impropriety, illegality or any miscarriage of justice to such Courts notice. The rights of parties to a hearing are subject to express provisions contained in Section 401 (2), Cr. P. C.

( 9 ) BEARING in mind the principles of equity and natural justice indulgence is granted to him. He was heard at some length. He