BRIJ MOHAN SHARMA Vs. RAM RATI

JUDGEMENT

(1.) This criminal revision gives rise to important question regarding limitation in enforcement of maintenance order passed under Section 488 of the Old Criminal Procedure Code.

(2.) Facts are that on 31st July, 1972 City Magistrate, Meerut granted maintenance of Rs. 50/- per month w.e.f. 18th December, 1981 to the wife Smt. Ram Rati from her husband Brij Mohan Sharma. This order was challenged in revision before Sessions Judge, Meerut. It was dismissed on 9th January, 1973. On 21st April, 1973 wife moved application before the City Magistrate for the enforcement of the maintenance order. Husband preferred revision in High Court and the operation of the maintenance order passed by the Magistrate was stayed. The City Magistrate noted the stay order and consigned the application for the enforcement. It was only on 2nd February 1977 that the High Court dismissed the revision preferred by the husband and discharged the stay order.

(3.) It need not be forgotten that maintenance proceedings incorporated in Section 488 of the Old Code and Section 125 of the New Code are essentially civil proceedings. Their object is to avoid vagrancy and destitution. Despite being civil in nature the proceedings have been incorporated in Criminal Procedure Code only for providing speedy remedy. When the maintenance proceedings are essentially of civil nature it follows that the order of the High Court rejecting the revision on 2nd February, 1977 merged in the order of the Magistrate dated 31st July, 1972 granting maintenance to the wife.