IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : 07.01.2025 Kamal Sharma ..... Petitioner VERSUS Anu ..... Respondent CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Kanwaljeet Singh, Advocate, for the petitioner.

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KIRTI SINGH, J. (Oral)

1. The present petition has been preferred against order dated 27.11.2024 passed by learned Addl. Principal Judge, Family Court, Ludhiana, in the proceedings under Section 125 of the Cr.P.C., whereby interim maintenance of Rs.10,000/- per month was awarded in favour of the respondent.

2. The marriage between the petitioner and the respondent was solemnised on 21.02.2019 according to the Hindu rites and ceremonies. There is no child born out of the wedlock. A matrimonial dispute ensued between the couple and the respondent filed a petition under Section 125 Cr.P.C. for seeking maintenance. The learned Court below vide order dated 27.11.2024 granted interim maintenance of Rs.10,000/- per month in favour of the respondent. Aggrieved by the same, the petitioner has approached this Court by filing the present petition.

3. Learned counsel for the petitioner inter alia contends that the wife of the petitioner has left his company without any justifiable cause and deserted the petitioner. In this way, she herself has deserted and therefore, as per the provisions of law contained in Section 125 Cr.P.C. is not entitled to get any amount of maintenance from the petitioner. It has also been contended that the petitioner has no source of income as alleged by the respondent and the respondent is well qualified lady.

4. Having heard the learned counsel for the petitioner and after perusing the record with his able assistance, this Court finds no force in the arguments advanced by learned counsel for the petitioner. The present petition is decided in limine in order to save litigation cost of the respondent and also to save the judicial time of the Court.

5. The object and purpose behind granting interim maintenance is to ensure that the dependent spouse and children are not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just and careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish the other spouse. The Courts are required to conduct the maintenance proceedings while being alive to the legislative intent behind the provision under Section 125 Cr.P.C in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India.

6. A three-Judge Bench of the Hon’ble Supreme Court in Vimala (K.) v. Veeraswamy (K.)(1991) 2 SCC 375, speaking through Justice Fatima Beevi, opined that as follows:

“3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife.”

A two-Judge Bench of the Hon’ble Supreme Court in Kirtikant D. Vadodaria v. State of Gujarat (1996) 4 SCC 479, speaking through Justice Faizan Uddin, opined as follows:

“15. ... While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the bene