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KARNATAKA HIGH COURT
Hanchate Sanjeevkumar, J.
R. Smitha Subramanyachar – Appellant
versus
Manjunath S K – Respondent
Rev. Petition Family Court No.81 of 2023
Decided on 12.1.2024
(A) Criminal Procedure Code, 1973 – Section 125 – Grant of interim maintenance – Section 125 is remedy to achieve social justice – Sustaining life in society does not mean mere animal existence, but to live with dignity even at minimum level of income – When wife, children, father and mother have become destitute, survival in society is paramount thing and getting means by maintenance cannot be stretched for too long period – It is common experience of Court that wherever petitions are filed under Section 125 of Cr.P.C., for seeking maintenance basically involves question of survival in society, but petitions are being delayed in Family Courts across the State – Speedy trial/enquiry is fundamental rights of parties as envisaged under Article 21 of Constitution of India. (Paras 7 and 8)
(B) Criminal Procedure Code, 1973 – Section 125 – Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 – Rule 3 – Constitution of India – Article 15(3) – Maintenance proceeding – Speedy trial – Timeline for considering interim maintenance application is six months from date of institution of petition – When petition is filed for certain maintenance under Section 125 of Cr.P.C., and for similar relief, any applications or petitions filed under other statutes, Family Courts will insist petitioner and respondent to file affidavit of assets, income and liabilities as per format stated in Enclosures I and II stated in Rajnesh’s case [AIR 2021 SC 569] – Both petitioner and respondent shall file affidavit as per dictum of Supreme Court – Proceeding under Section 125 of Cr.P.C., is a summary proceeding in nature and strict rules of evidence are not applicable – Principle of natural justice shall be followed while adjudicating petition – Directions issued. (Paras 12, 13 and 15)
Result: Directions issued.
ORDER
This revision petition is filed against the order passed on I.A.No.II filed under Section 125(2) of Cr.P.C., being aggrieved in not considering and not granting interim maintenance to petitioner No.1-wife.
2. The office has raised objection that in view of Section 19(4) of Family Court Act against the interim order, the revision petition is not maintainable.
3. The Family Court vide order dated 24.07.2020 has passed an order on I.A.No.II filed under Section 125(2) of Family Court Act granting only interim maintenance of Rs.20,000/- pm., to petitioner No.2-child, but has not considered the application for interim maintenance to petitioner No.1-wife. The order impugned is an interlocutory order passed on I.A.No.II. As per Section 19(4) of Family Court Act against the interlocutory order, the revision petition is not maintainable.
4. However, considering the records that the petitioners had filed C.Misc.No.185/2020 before the Family Court on 24.02.2020, but till today after lapse of four years, the Family Court has not passed any order on the petition filed by the petitioners. The petitioners are wife and child. The maintenance petition is filed on the ground that the respondent has deserted the petitioners. Therefore, for survival and for getting maintenance, a speedy remedy is provided under Section 125 of Cr.P.C.
5. If these types of petitions are pending for long time as in the present case, then the very object and purpose of enacting Section 125 of Cr.P.C., is defeated. If the Courts delay in disposing of the petitions within a reasonable period of time, then it would frustrate the petitioners and the very object of providing such benevolent provision is of no use. But the Family Court is not sensitive in considering the petitions on merits. Hence, the very object of establishing of Family Court exclusively dealing with family matters in providing effective and speedy remedy goes vain. These types of cases involve human relations aspect and survival in life of wife and children are involved. Therefore, in order to avoid such a miserable life by the wife and children where they are deserted by the husband and for sustaining in life, such a speedy remedy is provided under Section 125 of Cr.P.C. These are all not considered by the Family Court. For one or other reason, the petition is pending for more than four years since 24.02.2020. Taking long period of four years is nothing, but insensitiveness on the part of the Family Court.
6. Therefore, the Family Court is hereby directed to dispose of the instant petition within a period of three months from the date of receipt of copy of this order. Both the parties shall co-operate with the Family Court for early disposal as directed above.
7. It is common experience of the Court that wherever petitions are filed under Section 125 of Cr.P.C., for seeking maintenance basically involves question of survival in the society, but the petitions are being delayed in the Family Courts across the State. Therefore, considering the principles of law laid down by the Hon’ble Apex Court in the catena of decisions where it is held that speedy trial/enquiry is the fundamental rights of the parties as envisaged under Article 21 of the Constitution of India.
8. The object and reasons of Section 125 of Cr.P.C., is a beneficial legislation providing social security to the destitute. To achieve the aspirations of Preamble and Part IV of Directive Principles of State Policy of Constitution of India, Section 125 is the remedy to achieve social justice. Sustaining life in the society does not mean mere animal existence, but to live with dignity even at minimum level of income. When the wife, children, father and mother have become destitute, the survival in the society is paramount thing and getting means by maintenance cannot be stretched for too long period. At the very moment they become destitute from that day onwards their struggle starts to survive in the society. The hungry of stomach cannot
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
The main legal point established in the judgment is the importance of speedy disposal of maintenance petitions under Section 125 of Cr.P.C. to prevent destitution and vagrancy, as well as the duty of....
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.
The court established that enforcement of maintenance orders under Section 125 Cr.P.C. must be pursued through Section 128 Cr.P.C., as the latter provides the appropriate legal framework for such enf....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of t....
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
The right to maintenance under S.125, CrPC is absolute and designed to ensure dignified living for spouses and children, despite claims of financial hardship by the husband.
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