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Supreme Court of India
Savitri W/O Shri Govind Singh ... vs Shri Govind Singh Rawat
https://indiankanoon.org/doc/1194071/
ACT:
Code of Criminal Procedure, 1973, s. 125 - Whether
Magistrate can grant interim maintenance.
HEADNOTE:
The petitioner filed an application under s. 125 of the
Code of Criminal Procedure, 1973 before the Magistrate for
an order against her husband directing him to pay
maintenance. Thereafter she filed another application for an
interim order directing her husband to pay a reasonable sum
by way of maintenance pending disposal of the main
application. The Magistrate declined to make an interim
order on the ground that there was no express provision in
the Code enabling a Magistrate to pass such an order.
The petitioner filed special leave petition in this
Court.
Disposing of the petition,
^
HELD : 1. There is no express provision in the Code
which authorises a Magistrate to make an interim order
directing payment of maintenance pending disposal of an
application for maintenance. The Code does not also
expressly prohibit the making of such an order- [617 E]
2. The provisions contained in 88. 125, 126, 127 and
128 of the Code of Civil Procedure 1973 show that they are
intended to provide for a preventive remedy for securing
payment of maintenance which can be granted quickly and in
deserving cases with effect from the date of the application
itself. [618 C] G
3. The rate of maintenance that can be awarded under
the Code is limited even though under the law governing the
parties a competent civil court may order payment of a
larger sum in appropriate cases. The civil courts have
inherent power to grant interim maintenance pending disposal
of the suit for maintenance. [618 C-D]
4.The Jurisdiction of a Magistrate under Chapter IX of
the Code is not strictly a criminal Jurisdiction. While
passing an
616
order under that Chapter asking a person to pay maintenance
to his wife, child or parent, the Magistrate is not imposing
any punishment on such person for a crime committed by him.
Chapter IX of the Code contains a summary remedy for
securing some reasonable sum by way of maintenance, subject
to a decree, if any, which may be made in a civil court in a
given case provided the Personal Law applicable to the per
on concerned authorises the enforcement of any such right to
maintenance. The Code, however, provides a quick remedy to
protect the applicant against starvation and to tide over
immediate difficulties. Chapter IX of the Code does not in
reality create any serious new obligation. [618 E-G]
5. It is the duty of the Court to interpret the
provisions in Chapter IX of the Code in such away that the
construction placed on them would not defeat the very object
of the legislation. In the absence of any express
prohibition, it is appropriate to construe the provisions in
Chapter IX as conferring an implied power to the Magistrate
to direct the person against whom an application is made
under s. 125 of the Code to pay some reasonable sum by way
of maintenance to the applicant pending final disposal of
the application. [619 E-G]
