SULAHBA ALIAS RASHMI Vs. RAM SHANKAR

JUDGEMENT

(1.) ON 12 -1 -1983 present applicant Sulabha alias Rashmi filed an application under section 125 Cr.P.C., 1973 before a Judicial Magistrate First Class, Gwalior for a monthly maintenance allowance of five hundred rupees from her husband, present non -applicant Ram Shankar.

(2.) ON 4 -2 -1983 Sulabha filed an application for interim monthly allowance of three hundred rupees. Ram Shankar filed a written statement on 7 -2 -1983 to oppose it. No evidence was recorded on the disputed facts. After hearing counsel for the parties, the learned Magistrate dismissed the application for interim maintenance on 24 -2 -1983 saying: 1975 JLJ 708. 1975 JLJ 708 it has been laid down that subordinate criminal Courts may also exercise inherent powers which are necessary to their existence and the proper discharge of duties imposed upon them, by law. I do not think by not granting interim maintenance existence of this Court is going to be imperiled. Using inherent powers for proper discharge of duties imposed by law does not mean evolving new procedure which is not there at all in the Code. These proceedings are of summary nature. In a summary proceeding, without going into the merits it will not be proper to grant interim maintenance which it may be difficult to recover if the application fails. Application is rejected."

(3.) THE Supreme Court held in their judgment dated 9 -10 -1985 in Savitri v. Govind Singh 1985 MPLJ 662 (SC) that a criminal Court has power to award an interim maintenance in a proceeding under section 125 Cr.P.C., 1973.