JAYARAM THAKRA ALIAS JHAGARA Vs. SABITRI THAKRA

JUDGEMENT

(1.) THESE two revisions arise out of a proceeding under Section 125, Cr. P.C.

(2.) OPPOSITE party No. 1 is wife and opposite party Nos. 2 and 3 are minor daughters of petitioner. In the proceeding for maintenance they filed an application for interim maintenance. By order dated 1 -10 -1986, trial Court directed petitioner to pay interim maintenance at the rate of Rs. 150/ -per month where it was directed that on failure to comply with the order, petitioner would not be allowed to contest the case. After one month when order was not complied with by petitioner, opposite parties filed an application to give direction to petitioner to pay the same. Petitioner submitted that with object of challenging the order he has not complied with the same but in spite of application, certified copy has not been supplied till then. Learned Magistrate held that withholding of interim maintenance which is granted to avoid vagrancy and destitution would frustrate the purpose and accordingly, rejecting submission of petitioner, he ordered to set petitioner ex -parte and proceeding was posted for ex -parte hearing. Against the said order. Criminal Revision No. 257 of 1987 has been filed.

(3.) IN spite of absence of provision for grant of interim maintenance in a proceeding under Section 125, Cr.P.C., Courts can grant the same in just circumstances. See A.I.R. 1986 S.C. 984, (Smt. Savitri v. Govind Singh Rawat), (1989) 2 O.C.R. 687 (Yudhistir Nayak v. Smt. Rukmani Nayak), (1989) 2 O.C.R. 84 (Madhab v. Minamani Das and Another), 1986(1) O.L.R. 558 (Smt. Sulochana Sahu v. Baman Ch. Sahu). Where a party feels aggrieved, he should be given a chance to approach higher forums to vindicate his grievance. Rigidity in insisting upon compliance of the order by creating' circumstances for which such party cannot express his grievance is not a fair play. Trial Court ought to have examined if petitioner was supplied with a certified copy on his complying with the formalities before implementing the formalities. To avoid vagrancy and destitution, a method should not have been adopted which prevents a party from expressing his grievance.