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Court further held that the husband being able-bodied was obliged to earn by legitimate means and maintain his wife and minor child.
The Supreme Court on Wednesday held that Section 125 of the Code of Criminal Procedure (CrPC) is a measure of social justice and is specially enacted to protect women and children. It also falls within the Constitutional sweep of Article 15(3), reinforced by Article 39 of the Constitution of India, court said.
Section 125 deals with maintenance of wives, children and parents whereas Article 15(3) of the Constitution allows the State to make special provisions for women and children.
A bench of Justices Dinesh Maheshwari and Bela M Trivedi made this observation while granting maintenance of Rs. 10,000 per month to an aggrieved wife before it, over and above the maintenance allowance of Rs. 6,000 granted by the Family Court to her son.
In the case before Court, one Anju Garg challenged the Family Court order dismissing the Maintenance Petition filed by her under Section 125 qua her and her daughter Megha Garg and only allowing the application qua her son and granting him maintenance allowance of Rs. 6,000.
The Top Court felt that the Family Court in the case before it had conducted the proceedings without being alive to the objects and reasons, and the spirit of the provisions under Section 125 of the Code.
"The Family Court had disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute...", the court remarked.
Court further relied on the case of Chaturbhuj vs, Sita Bai, wherein it was held that the object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife, by providing her food, clothing, and shelter by a speedy remedy.
"It is accordingly directed that the respondent shall pay maintenance amount of Rs. 10,000/- per month to the appellant-wife from the date of filing of her Maintenance Petition before the Family Court. The entire amount of arrears shall be deposited by the respondent in the Family Court within eight weeks from today, after adjusting the amount, if any, already paid or deposited by him", thus ordered the bench.
Case Title: ANJU GARG & ANR. vs. DEEPAK KUMAR GARG
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