1984 Supreme(MP) 240
S.K.SETH
Bhaggo Bai – Appellant
Versus
State of M. P. – Respondent
Advocates:
R. D. Gambhir for applicants; Umesh Trivedi for N.A. 2
Judgement Key Points
- Section 125 CrPC provides a speedy remedy intended to protect a deserted wife or neglected child from starvation, distinct from civil maintenance obligations under personal law. (!)
- The Magistrate's powers under Section 125 CrPC are discretionary, exercised judicially to address emergencies and prevent vagrancy by a husband capable of supporting his wife. (!)
- An application under Section 125 CrPC made after a long delay, such as 10-15 years of self-maintenance without explanation for the sudden need, is not maintainable and liable to be dismissed. (!)
- Casual approach to the application, evidenced by prior dismissal due to default of appearance, further undermines its validity. (!)
- Prolonged separation due to disputes like child legitimacy, followed by self-sufficiency and lack of recent neglect, does not warrant maintenance under Section 125 CrPC. (!)
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