Legal provision for maintenance for needy kin under CrPC a social legislation: HC

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Allahabad, Jan 27 (PTI) Terming the statutory mandate for a financially capable man to maintain his wife, children and parents a social legislation, the Allahabad High Court has said the proceeding under it is of summary nature and is aimed at providing quick relief to the person in dire need.

“Section 125 of the CrPC has been enacted to achieve a social purpose with the primary object to render social justice to the woman, child and infirm parents so as to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support,” a bench of Justice Y K Srivastava sad n Monday.

“It also aims to provide a speedy remedy to the women, children and destitute parents who are in distress,” the court said while laying emphasis upon the summary nature of the court proceedings under the section 125 of the CrPC.

The bench made the observation while dismissing a plea by a UP native, Alkah Ram, challenging a magisterial court order to pay monthly interim maintenance to his wife.

The man had moved the high court invoking its wide inherent powers under section 482 of the CrPC to adjudicate a plea challenging or seeking enforcement of any court order passed under any provision of the CrPC.

The high court asked the man to pay the maintenance to his wife while also pointing out the statement on the object and reasons (SOR) of the Code of Criminal Procedure (Amendment) Act, 2001.

The object of the provision is to prevent vagrancy and destitution, the hardship faced by the wife in having to wait for several years before being granted maintenance, the court pointed out. PTI CORR RAJ RAX RAX