The Allahabad High Court has said the purpose of imposing Section 125 of the Code of Criminal Procedure is to provide immediate relief to women, children and elderly parents and to prevent them from wandering here and there.
A single bench of Justice Y.K. Srivastava passed this order while hearing an application filed by Alkharam of Mahoba. The Court said the section is of a summary nature and its objective is to provide immediate relief. The Court dismissed the petition challenging the maintenance order passed by the Principal Judge, Family Court, Mahoba under this section.
Against the petitioner, his wife Uma Devi had presented before the Principal Judge, Family Court the claim of granting maintenance under Section 125 of CRPC.
The Court passed the order on October 20, 2016. Even after this, when the petitioner did not give maintenance to her, she filed an application under 125 (3) and requested to comply with the order.
When the Court ordered the petitioner to pay compensation, he challenged it by filing a petition in the High Court. Also the petitioner filed an application before the Principal Judge, family Court to withdraw the order.
The public prosecutor objected on the maintainability of the petition, stating that the petitioner has not paid maintenance and has also filed an application to withdraw the order.
The Court rejected the plea, saying that the petitioner should force the application filed in the subordinate Court.
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