FAZAL ALI Vs. SWARUPJAN BEGUM

JUDGEMENT

(1.) This revision petition is directed against the revisional order dated 23.8.90 passed by the learned Sessions Judge, Nalbari in Criminal Motion No. 4(N-1 )/89, thereby confirming the grant of maintenance allowance to the respondent wife and their minor son by the Magistrate, 1st Class, Nalbari vide order dated 31.12.88 passed in Misc. Case No. 7/87,

(2.) Placing reliance on Madhu Limaye. - Vs- State of Maharashtra, AIR 1978 SC 47, learned counsel appearing for the petitioner contended that the present revision petition is maintainable in view of the fact that otherwise the petitioner would be without any remedy.

(3.) It is significant to note that the instant case arose out of maintenance proceedings instituted a decade back in 1987, as is evident from the number of Misc. Case 7/87, wherein the order of granting maintenance was passed. Learned counsel appearing for the petitioner is not in a position to make any statement as regards any payment made by the petitioner to his minor son. It is a matter of common knowledge that currently our criminal Courts excel in slow motion and the motions become much slower when summary proceedings for grant of maintenance u/s 125 Cr.P.C. are made a prestige issue. The parties going to any extent, so much so, even denying paternity of innocent minor children solely with a view to ward off the liability of payment of maintenance allowance which may eventually be granted. In the instant case, the respondent wife has not been awarded any maintenance allowance. It was only for the minor son that an amount of Rs. 100/- per month was fixed as back as in 1988 and the order is still remains a paper relief, in face of the interim order of stay passed on 14.9.90 which continues to be operative.