GANGA PRASAD GUPTA Vs. SHEELA DEVI, WIFE OF GANGA PRASAD GUPTA
LAWS(JHAR)-2020-7-30
HIGH COURT OF JHARKHAND
Decided on July 01,2020

Ganga Prasad Gupta Appellant
VERSUS
Sheela Devi, Wife Of Ganga Prasad Gupta Respondents

JUDGEMENT

Chandrashekhar, J. - (1.) In Original Maintenance Case No. 94 of 2007, the learned Principal Judge, Family Court, Ranchi has awarded maintenance to the respondent therein under section 125 of the Code of Criminal Procedure. The amount of maintenance awarded to her was Rs.9000/- per month from the date of filing of the application, Rs.18,000/- per month from January, 2012 and Rs.25,000/- per month from January, 2016.
(2.) The husband has challenged the order of maintenance dated 28.05.2016 inter-alia on the following grounds: (i) the proceeding of maintenance case suffers from serious irregularities, (ii) evidence of the applicant was illegally recorded, and (iii) sufficient opportunity to cross-examine the witnesses was not afforded to him.
(3.) The proceeding under section 125 of the Code of Criminal Procedure is summary in nature. The claim of a wife and the minor child for maintenance under section 125 of the Code of Criminal Procedure is examined keeping in mind the object behind section 125 of the Code of Criminal Procedure. In "Vimala (K.) Vs. Veeraswamy (K.)", 1991 2 SCC 375, the Hon'ble Supreme Court has observed that: "section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife .".;


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