Shree Chandrashekhar, J. - (1.) The petitioner has challenged the judgment dated 01.06.2016 passed in Maintenance Case No.08 of 2015.
(2.) Mrs. Asmita Shrivastava, the learned counsel for the petitioner submits that the amount of monthly maintenance awarded to the petitioner and 4 children which cumulatively comes to Rs.9,000/- per month is excessive and beyond the reach of the petitioner.
(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 required to be examined keeping in mind the object behind section 125 of the Code of Criminal Procedure. In "Captain Ramesh Chander Kaushal Vs. Mrs. Veena Kaushal and Others, 1978 4 SCC 70", the Hon'ble Supreme Court has observed: " 9. This provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Article 15(3) reinforced by Article 39. We have no doubt that sections of statutes calling for construction by courts are not petrified print but vibrant words with social functions to fulfil. The brooding presence of the constitutional empathy for the weaker sections like women and children must inform interpretation if it has to have social relevance. So viewed, it is possible to be selective in picking out that interpretation out of two alternatives which advance the cause the cause of the derelicts." ;