According to the Himachal Pradesh High Court order by Justice Anoop Chitkara, granting interim maintenance under Chapter IX of the Cr.P.C. is similar to administering first aid, as it protects spouses and children from various forms of vagrancy and their repercussions.
Background
The remark was made at a hearing on a husband's motion to annul a Family Court decision, which was maintained by the Sessions Court, directing him to pay Rs. 2,000 in monthly interim maintenance to his wife and children.
The wife claimed that she was a widow at the time of the wedding and that she agreed to marry the Petitioner after being persuaded by him. The petitioner spouse, on the other hand, claimed that the lady was receiving benefits intended for widows and that their marriage had never been solemnized.
The support was ordered after the petitioner's wife, who is also a mother of three children, filed an application under Section 125 Cr.P.C. saying that the petitioner had stopped providing her with financial assistance and was spending his money on liquor.
Order of the Court
The Court concluded that the Proviso to S. 125 Cr.P.C. empowers the Magistrate to order monthly allowance for interim maintenance as well as the expenses of such proceeding during its pendency, after considering the provision and relevant judgments on the subject. It went on to say that, while the Petitioner claims the marriage was never solemnized, it is nevertheless subject to proof, and that the Court is only concerned with interim support in this case.
The Court concluded that there is a prima facie case for the wife to live separately and that she would be unable to support herself financially. The Court further stated that the decision does not preclude any of the parties from seeking legal remedies under section 127 Cr.P.C. if they so choose. Thus, the petition was dismissed.
Case details
Case Name:- Subhash Chand v. Krishani Devi
Bench:- Justice Anoop Chitkara
Read Order@LatestLaws.com
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