The Allahabad High Court, while terming the statutory mandate for a financially capable man to maintain his wife, children and parents, a social legislature, it said that the proceeding under it is of a summary nature and is aimed at providing quick relief to the person in dire need.
A bench of Justice YK Srivastava said on Monday that,
“Section 125 of the CrPC has been enacted to achieve a social justice to the woman, child, and infirm parents so as 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.”
While laying emphasis upon the summary nature of the court proceedings under section 125 of the CrPC, the court said,
“It also aims to provide a speedy remedy to the women, children, and destitute parents who are in distress.”
The observation was made while dismissing a plea which was filed by a native of Uttar Pradesh, Alkah Ram, which challenged the Magisterial Court Order which directed her to pay monthly interim maintenance to his wife. The man was asked by the High Court to pay the maintenance to his wife and also pointed out the statement on the object and reasons (SOR) of the Code of Criminal Procedure (Amendment) Act, 2001.
The object of provision as per the mentioned statute is to prevent vagrancy and destitution, the hardship faced by the wife in having to wait for several years before being granted maintenance.
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