(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of impugned orders Annexure P-1 dated 21/05/1988 granting ad interim maintenance and AnnexureP-2 striking off the defence of the husband for non-payment of interim maintenance allowance, passed by Judicial Magistrate, Ist Class, Mansa, as well as impugned order, Annexure 2/4 dated 22/04/1989 passed by Additional Sessions Judge, Bathinda, whereby on revision the order concerning striking off the defence of the husband-petitioner was upheld.
(2.) In brief facts relevant for the disposal of this petition are that respondent-wife moved an application for grant of maintenance u/S. 125 of the Code on her behalf and on behalf of her two minor children on 18/03/1987 in the trial Court, which vide impugned orders Annexure P-1 granted interim maintenance to the wife and her two minor children with effect from the date of the application. As the husband could not pay the ad interim maintenance, his defence was ordered to be struck off vide impugned order Annexure P-2. The learned Counsel for the parties were heard.
(3.) Learned Counsel for the petitioner conceded that in view of the authoritative pronouncement of the apex Court in Savitri v. Govind Singh Rawat, I (1986) DMC 1 : (1986 Cri LJ 1), the trial Court had the jurisdiction to grant interim maintenance. It was, however, submitted that the learned trial Magistrate had erred in law in striking off the defence of the petitioner-husband on account of non-payment of interim maintenance to the wife and minor children without following the proper procedure at all for recovery of maintenance amount by issuing a warrant for levying the amount due in the manner provided for levying fines, or, by passing order of sentence against the defaulter husband as specifically provided under sub-section (3) of S.125 of the Code. Object of law is to grant interim maintenance to the wife to save her from vagrancy. In Savitri's case (supra) it was observed as under :