MURTI DEVI Vs. BALKAR SINGH

JUDGEMENT

(1.) Petitioners feeling aggrieved of an order dtd. 07/12/2021 passed by the learned Principal Sessions Judge, Kathua, (Revisional Court) have filed the instant petition under Sec. 482 of Code of Criminal Procedure, in which they seek setting aside of the said order, whereby the Revisional Court has set aside the order dtd. 22/8/2017 of the learned trial Magistrate, i.e., the Court of learned District Judicial Mobile Magistrate (T), Kathua, in terms whereof an interim maintenance of Rs.2,000.00 and Rs.1,000.00 in favour of petitioner nos.1 and 2 respectively has been granted.

(2.) Heard learned counsel for both the parties at length and also perused the file.

(3.) The grounds on which the order impugned passed by the Revisional Court is challenged and sought to be set aside are that; (i) the said order is contrary to the facts of the case and law on the point; (ii) the Court of learned Sessions Judge, Kathua has miserably failed to appreciate the evidence placed on record; (iii) the Revisional Court has not considered the law as settled by the Hon'ble Supreme Court in the case titled Chanmuniya vs. Virendera Kumar Singh Kushwaha (2011 SCC 141), wherein it has been held that, the provision of Sec. 125 Cr.P.C is a measure of social justice enacted with an intention of prevention of vagrancy and destitution, especially enacted to protect and inhibit neglect of women, children, old and infirm and falls within the constitutional sweep of Article 15(3) reinforced by Article 39 and referring to its earlier decisions passed in case of Vimal vs. Verraswamy, it was held that, the provisions of Sec. 125 Cr.P.C is meant to achieve the social purpose and the object by providing speedy remedy for the supply of food, clothing and shelter to the deserted wife. It went on to decide the fact that a women not having a legal status of wife was also brought within the inclusive definition of term wife in Savita Deka vs. Babul Deka (SC Online GAU 314) and Santaben Sona Bhai vs. State of Gujrat (2005 (3) SCC 636 in right perspective.