Section 125 Cr.P.C. establishes a continuing liability to pay maintenance and provides for its enforcement through Section 125(3). The provision serves a social purpose to prevent destitution and provide immediate relief.

JUDGMENT :

1. Heard Sri Virpratap Singh, 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 has been filed seeking to quash the order dated 18.11.2019 passed by Principal Judge, Family Court, Mahoba, as well as entire proceedings of Case No. 189 of 2019 (Smt. Uma Devi vs. Alakhram), stated to be pending before Family Court, Mahoba.

3. The aforementioned order dated 18.11.2019 has been passed upon an application (paper no. 14 kha) under Section 125(3) Cr.P.C. The applicant herein claims to have filed an application dated 6.1.2020 (paper no. 17 kha) for recall of the said order and the said application is stated to be pending.

4. Learned Additional Advocate General has raised an objection with regard to the maintainability of the present application filed under Section 482 Cr.P.C. on the ground that the order dated 18.11.2019 passed by the Family Court is in exercise of powers under Section 125(3) Cr.P.C. on account of default made by the applicant in complying with the earlier order dated 20.10.2016 directing payment of maintenance to the opposite party no. 2, and that the applicant having already filed a recall application before the court below, and the court below being seized with the matter, it is open to the applicant to pursue the matter before the family court.

5. The admitted facts of the case are that in proceedings under Section 125 initiated upon an application moved by the opposite party no. 2 (wife), an order dated 20.10.2016 was passed, allowing the said application and directing payment of maintenance. Alleging breach of the aforesaid order, an application under Section 125(3) was moved by the opposite party no. 2, upon which the order dated 18.11.2019, has been passed.

6. In order to appreciate the controversy in the present case, the relevant statutory provisions may be adverted to.

7. 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.

8. 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 th