TRIPATA Vs. SAT PARKASH SON OF NAGINA RAM

JUDGEMENT

(1.) THIS petition under section 482 of the Cede of Criminal Procedure would merit outright acceptance.

(2.) THE petitioner claims herself to be a destitute wife. She filed a petition under section 125 of the Code of Criminal Procedure against her husband who is working as a Clerk in the police of the Block Development Officer, Kapurthala in her petition, she alleged specifically that she was unable to maintain herself. It seems that in her evidence she did rot narrate this particular. The learned Magistrate dealing with the petition took the view that she had failed in the matter, of proof that she was unable to maintain herself. On that ground, hit dismissed the petition without going into the question to the quantum of maintenance, if at she was entitled. The Court of revision endorsed the view. It is in these circumstances that the petitioner was obliged to come to this Court.

(3.) THERE has raged a controversy in the judicial field whether Proceedings under section 125 of the Code of Criminal Procedure are civil or criminal in nature, as also whether the pleadings in that regard have to conform to civil standards. The matter has been set at rest by a Division Bench of this Court in Chanan Singh v. Jangir Kaur, 1983(1) RCR(Crl.) 307 (P&H) : Criminal Revision No. 134 of 1980. decided on 17th December, 1982. The Bench has held that technicalities of construing civil pleadings are not attracted to an application under section 125 of the Code of Criminal Procedure and that the proceedings are essentially criminal. It has also been held that the absence of an express pleading that the claimant is unable to maintain herself or himself is in no way fatal to the claim. This Court has also ruled in Sant Kaur v. Gurmukh Singh, 1982 P.L.R. 555, that even if the wife in her statement made in Court did not make a specific assertion that she was unable to maintain herself, that alone would not disentitle her from maintenance if there it other evidence on the file that she was unable to maintain herself. Thus the entire conspectus of things has to be taken into consideration and not mere technicalities. The Courts below entrapped themselves in such a web and thus need be extricated therefrom by upsetting the orders of the Courts below to further the interest of justice.