BASANT LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) The appeal is directed against the judgment of a learned Single Judge of the Allahabad High court dated 8/2/1995. The learned Single Judge was hearing a criminal revision petition directed against the judgment and order of the Family court at Agra wherein, on the application of the respondent- wife under Section 125 of the Criminal Procedure Code, maintenance was granted to her at the rate of Rs 500. 00 p. m. from the date of the application. The order was challenged before the High court by the appellant-husband as being contrary to the provisions of Section 125 (2. The learned Judge, having referred to the authorities cited before him, found that

(3.) It apparently needs to be stated that statutory provisions are to be assumed to be constitutional, that constitutionality is to be considered only where absolutely necessary, that a statute cannot be struck down unless notice has been given to the Attorney General in the case of a central statute, as here, or the Advocate General in the case of a State statute. According to learned counsel for the husband-appellant, the contention that Section 125 (2 was unconstitutional had not even been raised in the pleadings. There is no doubt that the judgment must be set aside insofar as it holds that Section 125 (2 is unconstitutional.