SRI NONI GOPAL NAG Vs. SMT. SUKTA RANI NAG

JUDGEMENT

(1.) GENDER Justice is assuming great importance of late. Gang -rape dowry -deaths etc. have brought this aspect in prominence. No less important is the human aspect concerning destitute and dejected woman. Provision in Section 125 of the Code of Criminal Procedure have a great social purpose behind them. Their object is to compel the man to perform the moral obligation which he owes to society in respect of his wife and children. As stated in Bhagawan Dutt v. Kamala Devi, AIR 1973 SC 83 by providing a simple, speedy but limited relief these provisions seek to ensure that the neglected wife and children are not left begared and destitute on the scrap -heap of society and thereby driver to a life of vagrancy, immorality and crime for their subsistence. It is a pity that an average Indian woman has to depend throughout her life on somebody else for her own subsistence on the parents during the childhood on husband after marriage and on her children in old age. But that as it may, for the invaluable service and contribution to the society, they do need all reasonable protection from all concerned.

(2.) IN the present case a wife had to approach a criminal court for claiming maintenance from her husband. It is a pity that this had to be done within less than a year of their marriage. The parties had got wed on 9.4.78 and by 24.10.78 the wife had to leave the company of her husband, because she could not stand the torture on her. The petition for maintenance was filed on 4.1.79 and after some vaccination, the learned Sub -divisional Judicial Magistrate has awarded a monthly sum of Rs. 100/ - with effect from August, 1980. The husband has knocked the doors of this Court in its revisional jurisdiction.

(3.) LET it be seen whether there was just cause for the wife is leaving the Petitioner and thereafter in refusing to go to live with him. Before this is examined, let us remind that the concept that the object of Section 125 is only to provide for appropriate food, clothing and lodging for a wife has become out dated. Reference may only be made in this connection to the recent decision of the Supreme Court in Sirojmohmed Khan v. Hofizunnisa, AIR 1981 SC 1972 where Fazal Ali, J. spoke on this aspect thus in Para 14 :