The Allahabad High Court while explaining the purpose and objective for the enactment of the section 125 Cr.P.C. has stated that the main purpose of enactment is to render social justice to the woman, child and infirm parents so as to prevent destitution and vagrancy compelling those who can support those who are unable to support themselves but have a moral claim for support.
“The liability to pay maintenance under Section 125 Cr.P.C. being in the nature of continuing liability; accordingly, in case of a default in complying with an order passed under Section 125(1) for payment of maintenance or for any breach thereof, the invocation of the exercise of power under Section 125(3) by the Magistrate, cannot be faulted with.”
The above order has been passed by the Single Bench of Justice Dr. Yogendra Kumar Srivastava while hearing an application filed by Alkharam of Mahoba challenging the maintenance order passed by the Principle Judge of family court of Mahoba under section 125 Cr.P.C.
Additional Advocate General has raised an objection with regard to the maintainability of the present application filed under Section 482 Cr.P.C. on the ground that the order passed by the Family Court is in exercise of powers under Section 125(3) Cr.P.C. on account of default made by the applicant in complying with the earlier order dated 20.10.2016 directing payment of maintenance to the opposite party, and that the applicant having already filed a recall application before the court below, and the court below being seized with the matter, it is open to the applicant to pursue the matter before the family court.
The court while dismissing off the present application has held that,’
“In the event the applicant has made any payment in respect of arrears of maintenance, as claimed by him, and in regard to which, he has filed a recall application (paper no. 17 kha), it is always open to him to pursue the aforesaid application before the court below.”
Case details:
Case : APPLICATION U/S 482 No. 19600 of 2020
Applicant : Alakhram
Opposite Party : State of U.P. and Another
Counsel for Applicant : Virpratap Singh, Rajat Agarwal
Counsel for Opposite Party : G.A.
Judge: Jusrtice Dr. Yogendra Kumar Srivastava
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