Noting that Section-125 CrPC is in consonance with Article-15 of Constitution, the Allahabad High Court has noted the provision gives effect to natural and fundamental duty of husband to maintain his wife.
The single-judge Bench of Justice Shekhar Kumar Yadav while dismissing a Criminal Revision Petition filed by husband challenging the order passed by Family Court under Section 125 Cr.P.C. directing him to pay ₹3,000/- to his wife and ₹2000/- to her son as maintenance from the date of filing of the application seeking maintenance, observed that the objective of the provision is to protect women, children and elderly.
It was submitted that the revisionist is not in a position to pay the entire amount which is sought to be recovered from him due to his poor financial condition and some time may be given to him to deposit the said amount. It was contended that he doesn't have a permanent source of income and the assessment is wrong.
The Court noted that it cannot be said that exorbitant amount has been allowed by the Trial Court and the respondents rightly deserve the maintenance amount.
"It should be kept in mind that Section 125 Cr.P.C. is enacted for social justice and specially to protect woman and children and also old and infirm parents and falls within the constitutional sweep of Article 14(3), reenforced by Article 39 of the Constitution of India. The provision gives effect to the natural and fundamental duty of a man to maintain his wife, children and parents so long as they are unable to maintain themselves."
The petition was accordingly dismissed as devoid of merits.
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