The court emphasized the need for timely justice in maintenance cases and condemned the misuse of legal procedures to delay rightful maintenance payments.

JUDGMENT :

(Sanjay Kumar Singh, J.)

1. Heard Mr. Satya Priya Upadhyay, learned counsel for the applicant, Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Mr. Prashant Kumar Singh, learned Brief Holder for the State of U.P./opposite party no. 1 and Mr. Om Prakash Yadav, learned counsel appearing on behalf of opposite party no. 2.

Relief

2. The instant application under Section 482 Cr.P.C. has been preferred by the applicant-Sahabi Khatoon with a prayer to quash the order dated 05.06.2023 passed by Additional Principal Judge, Family Court, Ballia in Criminal Misc. Case No. 321 of 2022 (Jamal Khan vs. Sahavi Khatoon), whereby an application under Section 126(2) Cr.P.C. of the opposite party no.2 has been allowed.

Issue

3. The principle question of law that falls for consideration of this Court in the present litigation is whether the Family Court was justified in allowing the recall application U/s 126(2) of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C.') of the opposite party no. 2 (husband).

Crux of the matter

4. This case is an illustration of how a matter can be delayed for years and also an example of abuse of the process of the Court. The proceeding under Section 125 Cr.P.C. is pending for the last 21 years and no amount of maintenance has been paid to the wife by the husband who is a salaried person and presently he is getting a salary of Rs. 96,616/- per month.

Factual Matrix

5. Brief facts of the case which are required to be stated are as under :-

5.1 The applicant-Sahabi Khatoon is wife of opposite party no. 2 namely Jamal Khan. The marriage of the applicant with the opposite party no. 2 was solemnized on 12.06.1986 and from their wedlock, three sons were born but on account of acrimonious relation between them, their marriage was not successful and as a result thereof, the opposite party no.2 divorced her after 13 years of marriage but he kept his three sons with him. Thereafter she has been thrown out of her matrimonial home on 20.07.1999 by the opposite party no.2. As such, the applicant has been living in her parental home since July, 1999.

5.2 On 20.12.2002, applicant moved an application under Section 125 Cr.P.C. claiming maintenance of Rs. 2,000/-per month from the opposite party no. 2 who at that time was getting salary of Rs. 15,000/-, in which opposite party no. 2 has filed an objection after one year and three months on 29.03.2004.

5.3 The opposite party no. 2 after filing his objection became absent, therefore, the Family Court passed an order dated 26.06.2005 to proceed ex-parte in the matter but the said order was recalled after about three months vide order dated 12.09.2005, subject to payment of cost of Rs. 300/-.

5.4 Thereafter, opposite party no. 2 again became absent, therefore, Family Court, second time passed an order dated 09.10.2006 to proceed ex-parte in the matter but again, opposite party no. 2 moved an application for recall of the order dated 09.10.2006, which was allowed after two years and seven months vide order dated 26.05.2009, subject to payment of cost of Rs. 500/-.

5.5 In the mean time, the evidence of the applicant was recorded on 15.12.2006 and date was fixed for her cross-examination by the opposite party no. 2 but he, with a view to linger on the proceedings, did not cross-examine her. After fixing several dates, last opportunity to the opposite party no. 2 for cross-examination was given on 13.12.2011 but again he did not comply the said order and on account of his non cooperation, proceeding was lingered on.

5.6 The Family Court for the third time, passed an order on 01.11.2012 to proceed ex-parte in the matter but again, on the recall application filed by the opposite party no. 2, the order dated 01.11.2012 has been recalled.

5.7 At this stage, after about twelve years of the pendency of the proceeding under Section 125 of Cr.PC., applicant moved an application dated 10.11.2014 seeking interim maintenance of Rs. 10,000/-per month from the