Jitendra Pratap Singh v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

1. Heard learned counsel for the revisionist and learned AGA for the State of U.P. as well as perused the record.

2. At the very outset, learned counsel for the revisionist stated that taking note of the fact that the instant revision has been preferred alongwith an application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay of 316 days in challenging the interim maintenance order dated 07.08.2025 passed by Additional Principal Judge, Family Court, Room No. 4, Lucknow (in short "Family Court"), in Criminal Misc. Case No. 1184 of 2023 (Shalini Singh Vs. Jitendra Pratap Singh), under Section 125 Cr.P.C, the present revision be disposed of with direction to the Family Court to conclude the proceedings most expeditiously.

3. Taking note of the aforesaid as also the nature of the proceedings/case in issue i.e. proceedings under Section 125 Cr.P.C., it would be apt to indicate the observations made by the Hon'ble Apex Court in the case of Anju Garg and another vs. Deepak Kumar Garg reported in 2022 SCC OnLine SC 1314, which are extracted hereunder:- "9. At the outset, it may be noted that Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children, as observed by this Court in Bhuwan Mohan Singh v. Meena (2015) 6 SCC 353. This Court in the said case, after referring to the earlier decisions, has reiterated the principle of law as to how the proceedings under Section 125 Cr.P.C have to be dealt with by the Court. It held as under: "In Dukhtar Farooq [(1987) 1 SCC 624 Jahan v. Mohd. : 1987 SCC (Cri) 237] the Court opined that : (SCC p. 631, para 16) 2 CRLRD No. 496 of 2025

16. "… Proceedings under Section 125 [of the Code], it must be remembered, are of a summary nature and are intended to enable destitute wives and children, the latter whether they are legitimate or illegitimate, to get maintenance in a speedy manner."

8. A three-Judge Bench in Vimala (K.) v. Veeraswamy (K.) [ (1991) 2 SCC 375 : 1991 SCC (Cri) 442], while discussing about the basic purpose under Section 125 of the Code, opined that : (SCC p. 378, para 3)

3. "Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife."

9. A two-Judge Bench in Kirtikant D. Vadodaria v. State of Gujarat [ (1996) 4 SCC 479 : 1996 SCC (Cri) 762], while adverting dominant purpose behind Section 125 of the Code, ruled that : (SCC p. 489, para 15)

15. "… While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation."

10. In Chaturbhuj v. Sita Bai [(2008) 2 SCC 316 : (2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356], reiterating the legal position the Court held : (SCC p. 320, para 6)

6. "… Section 125 CrPC is a measure of social justice and is specially enacted to protect women and children and as noted by this Court in Capt. Ramesh Chander Kaushal v. Veena Kaushal [(1978) 4 SCC 70 : 1978 SCC (Cri) 508] falls within constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India. It is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. It gives effect to fundamental rights and natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves. The aforesaid position was in Savitaben Somabhai Bhatiya v. State of Gujarat [ highlighted 3 CRLRD No. 496 of 2025 (2005) 3 SCC 636 : 2005 SCC (Cri) 787]."

11. Recently in Nagendrappa Natikar v. Neelamma [(2014) 14 SCC 452 : (2015) 1 SCC (Cri) 407 : (2015) 1 SCC (Civ) 346], it has been stated that it is a piece of social legislation which provides for a summary and speedy relief by way of maintenance to a wife who is unable to maintain herself and her children".

10. This Court had made the above observations as the Court felt that the Family Court in the said case had conducted the proceedings without being alive to the objects and reasons, and the spirit of the provisions under Section 125 of the Code. Such an impression has also been gathered by this Court in the case on hand. The Family Court had disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute. In Chaturbhuj v. Sita Bai(2008) 2 SCC 316, it has been held that the object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife, by providing her food, clothing, and shelter by a speedy remedy. As settled by this Court, Section 125 Cr.P.C. is a measure of social justice and is specially enacted to protect women and children. It also falls within the Constitutional sweep of Article 15(3), reinforced by Article 39 of the Constitution of India."

4. Considering the aforesaid including the application for recall of order dated 07.08.2024 is pending consideration before the Family Court, the instant criminal revision defective is disposed of with the observation that it is expected that the Family Court would take note of the observations made by the Hon'ble Apex Court in the judgment, referred above and conclude the proceedings of the case in issue under Section 125 Cr.P.C., quoted above, most expeditiously. September 26, 2025 Mohit Singh/- (Saurabh Lavania,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the revisionist and learned AGA for the State of U.P. as well as perused the record.

2. At the very outset, learned counsel for the revisionist stated that taking note of the fact that the instant revision has been preferred alongwith an application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay of 316 days in challenging the interim maintenance order dated 07.08.2025 passed by Additional Principal Judge, Family Court, Room No. 4, Lucknow (in short "Family Court"), in Criminal Misc. Case No. 1184 of 2023 (Shalini Singh Vs. Jitendra Pratap Singh), under Section 125 Cr.P.C, the present revision be disposed of with direction to the Family Court to conclude the proceedings most expeditiously.

3. Taking note of the aforesaid as also the nature of the proceedings/case in issue i.e. proceedings under Section 125 Cr.P.C., it would be apt to indicate the observations made by the Hon'ble Apex Court in the case of Anju Garg and another vs. Deepak Kumar Garg reported in 2022 SCC OnLine SC 1314, which are extracted hereunder:- "9. At the outset, it may be noted that Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children, as observed by this Court in Bhuwan Mohan Singh v. Meena (2015) 6 SCC 353. This Court in the said case, after referring to the earlier decisions, has reiterated the principle of law as to how the proceedings under Section 125 Cr.P.C have to be dealt with by the Court. It held as under: "In Dukhtar Farooq [(1987) 1 SCC 624 Jahan v. Mohd. : 1987 SCC (Cri) 237] the Court opined that : (SCC p. 631, para 16) 2 CRLRD No. 496 of 2025

16. "… Proceedings under Section 125 [of the Code], it must be remembered, are of a summary nature and are intended to enable destitute wives and children, the latter whether they are legitimate or illegitimate, to get maintenance in a speedy manner."

8. A three-Judge Bench in Vimala (K.) v. Veeraswamy (K.) [ (1991) 2 SCC 375 : 1991 SCC (Cri) 442], while discussing about the basic purpose under Section 125 of the Code, opined that : (SCC p. 378, para 3)

3. "Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife."

9. A two-Judge Bench in Kirtikant D. Vadodaria v. State of Gujarat [ (1996) 4 SCC 479 : 1996 SCC (Cri) 762], while adverting dominant purpose behind Section 125 of the Code, ruled that : (SCC p. 489, para 15)

15. "… While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation."

10. In Chaturbhuj v. Sita Bai [(2008) 2 SCC 316 : (2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356], reiterating the legal position the Court held : (SCC p. 320, para 6)

6. "… Section 125 CrPC is a measure of social justice and is specially enacted to protect women and children and as noted by this Court in Capt. Ramesh Chander Kaushal v. Veena Kaushal [(1978) 4 SCC 70 : 1978 SCC (Cri) 508] falls within constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India. It is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. It gives effect to fundamental rights and natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves. The aforesaid position was in Savitaben Somabhai Bhatiya v. State of Gujarat [ highlighted 3 CRLRD No. 496 of 2025 (2005) 3 SCC 636 : 2005 SCC (Cri) 787]."

11. Recently in Nagendrappa Natikar v. Neelamma [(2014) 14 SCC 452 : (2015) 1 SCC (Cri) 407 : (2015) 1 SCC (Civ) 346], it has been stated that it is a piece of social legislation which provides for a summary and speedy relief by way of maintenance to a wife who is unable to maintain herself and her children".

10. This Court had made the above observations as the Court felt that the Family Court in the said case had conducted the proceedings without being alive to the objects and reasons, and the spirit of the provisions under Section 125 of the Code. Such an impression has also been gathered by this Court in the case on hand. The Family Court had disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute. In Chaturbhuj v. Sita Bai(2008) 2 SCC 316, it has been held that the object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife, by providing her food, clothing, and shelter by a speedy remedy. As settled by this Court, Section 125 Cr.P.C. is a measure of social justice and is specially enacted to protect women and children. It also falls within the Constitutional sweep of Article 15(3), reinforced by Article 39 of the Constitution of India."

4. Considering the aforesaid including the application for recall of order dated 07.08.2024 is pending consideration before the Family Court, the instant criminal revision defective is disposed of with the observation that it is expected that the Family Court would take note of the observations made by the Hon'ble Apex Court in the judgment, referred above and conclude the proceedings of the case in issue under Section 125 Cr.P.C., quoted above, most expeditiously. September 26, 2025 Mohit Singh/- (Saurabh Lavania,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench