JOHNSON M JOSEPH Vs. ANITA JOHNSON AND ANOTHER

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) challenging the grant of maintenance allowance to respondent No. 1 Smt. Anita Johnson, wife of the applicant, under Section 125 of the Code.

(2.) IT has been held by the Courts below that the respondent No. 1 is earning an amount of Rs. 1800/- per month as she is working as a Receptionist in Bhopal Sugar Industry Limited. The applicant is a Ticket-Collector in the Railways. Judicial Magistrate First Class had granted maintenance allowance of Rs. 2000/- per month to the wife but it has been scaled down to Rs. 1000/-per month by the III Additional Sessions Judge, Bhopal in revision.

(3.) IT has been argued on behalf of the applicant that his wife does not come in the category of 'unable to maintain herself and therefore, she is not entitled to airy maintenance allowance under Section 125 of the Code from her husband. The question is whether the words 'unable to maintain herself used in Section 125 (1) (a) of the Code should be construed so strictly as the learned counsel for the applicant wants, or there is scope for some liberal construction. The object of the provisions in Section 125 of the Code is to save dependents from destitution and vagrancy and thus to serve a social purpose. Therefore, it should be liberally construed in favour of the applicant. Tlic word 'maintain' or 'maintenance' should be interpreted in such a way that the applicant gets an amount to meet the necessities of life. It is well known that food. clothing and shelter arc the basic nccessitic's of a person. A working woman is required to spend more than a house-wife as she has to work in the office and also to keep her household. She is entitled to lead a decent life commensurate with the status of her husband and the family. Her petition cannot be thrown out simply on the ground that she is earning something. Her income should be sufficient to meet her necessities. Her income can be taken into consideration for determining the quantum of maintenance to be allowed to her. The expression 'unable to maintain herself docs not mean that the wife should be absolutely destitute before she can apply for maintenance under Section 125 of the Code.