(1.) THE instant revision has been filed against the order dated 22.7.2000 of the learned Judge, Family Court, Jodhpur, passed in Criminal Case No. 25/1992 fixing the maintenance under the provisions of Sec. 125 of the Code of Criminal Procedure (for short "the Cr.P.C.")
(2.) THE facts and circumstances giving rise to this revision are that the revisionist and respondent No.1 got married on 15.2.1982. Respondents No.2 and 3 were born out of their wed-lock. For certain reasons, relationship between the husband and wife became strained and criminal case under sec. 498-A, IPC was filed by the wife against the revisionist. Another case under Sec. 494, IPC is pending before the criminal court on the allegation that the revisionist, though having legally wedded wife, respondent No.1, alive, got married with one Ms. Suman and has children from her. On the same charges, revisionist, who is a Medical Jurist in Medical College, Jodhpur, had been put under suspension and disciplinary proceedings were initiated; however, because of intervention of this Court, the suspension order was revoked and he stood reinstated but the proceedings are still pending. Revisionist is living separately and respondents are staying in the house of revisionist's father. Respondents filed an application on 20.4.1992 under Sec. 125, Cr. PC for maintenance, alleging that revisionist had neglected them and refused to maintain. THE learned Family Court passed interim order directing the revisionist to pay Rs. 350/-per month to respondent No.1, the wife, and Rs. 200/-per month to respondents No.2 and 3 the children. THE same has been paid by the revisionist and after trying the case, the Court fixed the maintenance to the tune of Rs. 500/-per month to each of the respondents and also directed him to pay the said amount from the date of filing the application. Thus, the arrear of maintenance is also to be paid. Hence this revision.
(3.) THEREFORE, from the aforesaid, it is evident that the proceedings under Section 125, Cr.P.C. are summary and preventive in nature. However, the said proceedings do not restrict or limit constitutional and civil rights of the parties available to them either under the constitutional provisions or under any other statute. In spite of availing the benefit under the provisions of Section 125, Cr.P.C., the parties can approach the civil court to get the issues involving their rights decided and the order passed under Section 125 Cr.P.C. is liabel to be modified/cancelled in view of civil court's order by virtue of Section 127 Cr.P.C. Thus, it is clear that even if a child availed the benefit under Section 125 Cr.P.C., he is also entitled to enforce his rights under Section 20(3) of Hindu Adoption and Maintenance Act, 1956 (for short "the Act, 1956") or under Personal Law governing him, which provides for a more comprehensive relief.
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