NARESH KUMAR Vs. ANITA RANI

JUDGEMENT

(1.) Respondent had filed a petition under Section 125 of the Code of Criminal Procedure,1973 (for short 'Cr.P.C.') seeking maintenance from the petitioner. The said petition was allowed by the trial Court vide judgment dated 23.8.2012 (Annexure P5). In a revision petition filed by petitioner-Naresh Kumar, the said order was upheld by the Court of revision vide order dated 07.02.2013 (Annexure P6). Hence, the present petition by husband-Naresh Kumar.

(2.) Learned counsel for the petitioner has submitted that the maintenance granted by the Courts below to the respondent was on the higher side. Petitioner was maintaining his parents as well as his two sons. Petitioner had been granted ex-parte decree of divorce vide judgment/decree dated 17.03.2008 (Annexure P1). An application moved by the respondent for setting aside the said judgment/decree was dismissed vide order dated 26.11.2010 (Annexure P2).

(3.) After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be dismissed. Provision under Section 125 Cr.P.C. has been incorporated in the Code to provide speedy maintenance to the deserted wives. The said provision is not punitive but is, rather, remedial. The purpose of the provision is to save the deserted wives from vagrancy and destitution.