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Synopsis

The Allahabad High Court recently made a significant ruling that an application filed under Section 482 of the Criminal Procedure Code (CrPC) for execution of an order passed under Section 125 CrPC is not maintainable.

The bench of Justice Shiv Shanker Prasad said that a proceeding under Section 125 CrPC for interim maintenance/ maintenance is quasi civil and quasi criminal. 

It is civil, since, it decides the civil rights of the parties to claim maintenance, and it is criminal to the extent, when punishment is imposed for not complying with the order under Section 125 CrPC, court said. 

It, therefore, held that such orders being quasi-judicial civil and criminal orders, no application under Section 482 Cr.P.C. either for quashing the same or for enforcing the same is maintainable before the high court.

The High Court Article 226 of the Constitution of India in civil matters and under Section 482 Cr.P.C. in criminal matters has extraordinary power to examine the correctness or otherwise of any orders passed by civil courts, as the case may be. However, against any quasi judicial civil order or any quasi judicial criminal order, no writ petition under Article 226 of the Constitution of India or any application under Section 482 Cr.P.C. respectively will be maintainable, court asserted.

Furthermore, court emphasised that "against such order, only revision or petition under Article 227 of the Constitution of India will be maintainable".

It referred to the Supreme Court's ruling in Radhey Shyam & Another Vs. Chhabi Nath & Others reported in (2015) that challenge to judicial orders could lie by way of an appeal or revision or under Article 227 of the Constitution of India and not by way of a writ under Article 226 and 32.

Smt. Kanchan Rawat married Brajlal Rawat on December 1, 2009, following Hindu rites and rituals. Post-marriage, the woman faced continuous harassment and torture from her in-laws due to unmet dowry demands, which eventually forced her to leave her marital home and return to her parents. During this period, she gave birth to a son on November 2, 2011.

Despite multiple attempts to resolve the marital discord amicably, the situation remained unresolved. Consequently, the woman filed for maintenance under Section 125 CrPC in the Family Court of Ghazipur. The Family Court granted her interim maintenance, directing the husband to pay Rs. 4,000 monthly. However, the interim maintenance was not paid, leading the woman to approach the High Court. Her counsel filed an application under Section 482 CrPC to expedite the proceedings and secure the unpaid interim maintenance amounting to Rs. 80,000. The application also sought a directive for the Family Court to pass a final order in the maintenance case.

However, the government advocate objected to the maintainability of the application under Section 482 CrPC, arguing that the applicants sought to execute an interim order for maintenance granted by the Family Court under Section 125 CrPC.

He stated that the High Court cannot use its powers under Section 482 CrPC to enforce such orders, as Section 125 CrPC is a self-contained code. The appropriate remedy, he argued, would be to file an application under Section 128 CrPC for the execution of the order.

The high court agreed with this argument and accordingly, dismissed the woman's plea. 

Case Title: Smt. Kanchan Rawat And Another v State of UP and Another