The court emphasized the summary nature of the proceedings under Section 125 of the Code of Criminal Procedure, 1973, and the objective to provide immediate relief to the applicant.

JUDGMENT :

1. Heard Sri Moti Lal, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Arvind Kumar, learned A.G.A., for the State opposite party no.1.

2. The present application filed under Section 482 Cr.P.C., seeks quashing of an order dated 15.10.2020, passed by the Additional Principal Judge, Family Court No. 1, Azamgarh, in proceedings in Case No. 56 of 2018 (Drumlata Maurya vs. Mithlesh Maurya) filed under Section 125 of Cr.P.C., Police StationDeedarganj, District Azamgarh.

3. In terms of the order dated 15.10.2020, which is sought to be quashed, the application (paper no. 18Kha) filed by the opposite party no.2Smt. Drumlata Maurya, seeking interim maintenance, has been allowed.

4. Learned Additional Advocate General appearing for the State respondents, has raised an objection with regard to the maintainability of the present petition on the ground that the order dated 15.10.2020, which is sought to be challenged, relates to grant of interim maintenance, which is subject to final adjudication on the main petition filed under Section 125 Cr.P.C. It is submitted that it is open to the applicant to raise all his objections before the Family Court, and the present application under Section 482 Cr.P.C., is not liable to be entertained.

5. In order to appreciate rival contentions, the relevant statutory provisions relating to maintenance of wives, children and parents under the Code of Criminal Procedure, 1973, may be referred to.

6. Section 125 Cr.P.C. falls under Chapter IX of the Code of Criminal Procedure, 1973 and it contains provisions whereunder, an order for maintenance of wives, children and parents can be made. The object of the provisions contained under Chapter IX is to provide a speedy and effective remedy against persons, who neglect or refuse to maintain their dependant wives, children and parents.

7. The provisions contained under Section 125 Cr.P.C., as they stand today, are extracted below :

125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means :

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this subsection, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Explanation. For the purposes of this Chapter,

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is dee