Madhya Pradesh High Court
Radhe Shyam Mourya vs Smt. Dashmat Devi on 10 March, 2015
1 Cr. R. No.245 of 2015
HIGH COURT OF MADHYA PRADESH AT JABALPUR
SINGLE BENCH: HON'BLE SHRI JUSTICE SUBHASH KAKADE
Criminal Revision No. 245 of 2015
APPLICANT: Radhe Shyam Mourya
Versus
RESPONDENT: Smt. Dashmat Devi
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Shri Y.P. Sharma, Advocate for the applicant.
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(ORDER) 10.03.2015 This revision under Section 397/401 of the Code of Criminal Procedure, 1973, here-in-after referred as "the Code", has been filed by the applicant-son being aggrieved by the order dated 10.01.2015, passed in Case No.235/2014, by the Principal Judge of Family Court Waidhan, District Singrouli, whereby the Family Court allowing the application filed by the respondent-mother granted interim maintenance to the tune of Rs.4,500/- per month in her favour.
02. The case of the respondent, 70 years old widow lady before learned Family Court was that her son, the applicant is posted at U.P. Electricity Board and getting salary of Rs.80,000/- per month. The Board has provided service to the applicant in lieu of acquisition of ancestral land. The applicant has also received other ancestral property. The respondent is living with her daughter and son-in-law at village Ganiyari, District Singrouli since last one year as the applicant is avoiding her maintenance therefore, the respondent filed an application under Section 125 of the Code for maintenance of Rs.20,000/- per month along with application for grant of interim 2 Cr. R. No.245 of 2015 maintenance amount before learned Family Court.
03. The applicant entered his appearance on 19.01.2015 without filing reply, but raised objection by filing an application under the provisions of Section 126 of the Code. Objection made on the ground that the said application for maintenance as well as application for interim maintenance is beyond jurisdiction therefore, learned Family Court has no jurisdiction to hear this case. In support of his objection the applicant also filed documents.
04. The learned Family Court allowed the application for grant of interim maintenance in favour of the respondent after rejecting the grounds under challenge. Being aggrieved by the impugned order the applicant invoked revisional jurisdiction of this court by filing this revision.
05. Relying on the strength of law lay down by the Apex Court in case of Vijay Kumar v. State of Bihar, reported in [AIR 2004 SC 2123], learned counsel for the applicant submitted that learned Family Court failed to consider this fact of jurisdiction that the applicant who is working at U.P. Electricity Board is residing at village Kulmodi, District Sonbhadra (U.P.) as it is admitted position as per certificate Annexure D-4 and other documentary evidence i.e. Ration Card, Medical Book, Election I.D. and entire ancestral property is also situated at village Kulmodi. Hence, the application filed by the respondent-mother is not maintainable before the learned Family Court at Singrouli (M.P.) being hit on the ground of jurisdiction. The proceeding instituted under the provisions of Section 125 of the Code are civil in nature, hence the question of territorial jurisdiction is of utmost importance. The learned Family Court without considering the documentary evidence adduced 3 Cr. R. No.245 of 2015 by the applicant granted interim maintenance of Rs.4,500/- per month is apparently much excessive.
06. The object of the maintenance proceedings instituted under the provisions of Chapter IX of the Code are not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support.
07. Section 125 of the Code is a measure of social justice and is specially enacted to protect women, children and parents as noted by the Apex Court in Captain Ramesh Chander Kaushal v. Mrs. Veena Kaushal and Ors reported in (AIR 1978 SC 1807) falls within constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India, 1950.
08. It is also held by the Apex Court that interim maintenance pendente lite can be granted - Please see- Savitri vs. Govind, reported in [AIR 1986 SC 984: (1985) 4 SCC 337; 1985 SCC (Cr) 556; (1985) 2 Crimes 872].
09. The Apex Court in the case of Shail Kumari Devi and another vs. Krishan Bhagwan Pathak, 2009(1) M.P.L.J. (Cri.) 11 held that in absence of any express bar or prohibition the Court by necessary implication could make interim order of maintenance subject to final outcome of the application. It is further held that before amendment of 2001 ceiling of maintenance amount was Rs.500/- only and after an amendment it is open to a Court under amended law to fix such amount as it thinks fit.
4 Cr. R. No.245 of 2015
10. It is admitted position that since last more than one year the respondent is living with her daughter at village Ganiyari under the territorial jurisdiction of District Singrouli (M.P.).
11. The Apex Court in the case of Darshan Kumari (Smt.) Vs. Surinder Kumar, 1996 SCC (Cri) 44 has held that, "Territorial jurisdiction of the Magistrate-Even temporary residence, if not casual, is sufficient to confer jurisdiction on Magistrate at that place or of the District concerned."
12. Mandate of Section 20 of The Hindu Adoptions and Maintenance Act, 1956 bounds a Hindu during his lifetime to maintain his legitimate or illegitimate children and his aged or infirm parents. Maintenance is a personal obligation. Liability of maintenance correlated with inheritance of the estate, therefore, one who inherits a share has also to bear the burden of maintenance liability.
13. On the face of the documents filed by the applicant not alone this position is admitted that the applicant in inheriting the ancestral property at Kulmodi, but it is also admitted fact that due to acquisition of ancestral land at Kulmodi the applicant also got the job in U.P. Electricity Board. As per salary slip the applicant is getting Rs.37,420/- as salary from the Board.
14. Now, the dollar question arises if own son, the applicant is not taking care of his 70 years old widow mother then where she will go to survive and how she will maintain herself?
15. The concept of maintenance encompasses the provisions for food, clothing and the like and obviously a roof over the head.
16. The answer was discovered by the helpless lady who started living with her married daughter at village Ganiyari which falls under 5 Cr. R. No.245 of 2015 the territorial limits of learned Family Court, Singrouli. And the daughter was kind enough to oblige the helpless mother giving shelter, roof and fulfill the duties alike a son.
17. It is height of things, that ignoring maintenance of mother, now the applicant who is possessing ancestral property raised a preliminary objection on the basis of jurisdiction, because, knowing well this fact that on other grounds he cannot success in maintenance case filed by old mother.
18. Suppose, if the Court comes to the conclusion that the petition filed by the senior citizen before the learned Family Court Singrouli is without territorial jurisdiction, then what remedy will be left with the senior citizen? is also another angle for discussion. If this lady goes to resides at village Kulmodi, Sonbhadra (U.P.) for the sack of to get the interim maintenance amount, then series of problems will arises that at village Kulmodi who will take care of the old widow lady? Whether this displacement will not create problems for the old widow lady, who has no source of independent income as well as the applicant is not performing his duty to help her then where she will live and cooked her meal for survival at village Kulmodi?
19. Chapter IX "Order for maintenance of wife, children and parents"
of the Code including Section 125 to 128, is inserted by legislation as special enactment meant for protection of wife, children and parents. These sections of Chapter IX of the Code are measure of social justice and special enactment to protect women, children and parents and falls within the Constitution sweep of Article 15(3) reinforced by Article 39 of the Constitution of India.6 Cr. R. No.245 of 2015
20. There is no dispute that this chapter contains the provisions which only gives effect to the natural duty of a man to maintain his wife, children and parents and is essentially a speedier remedy available against starvation to be disposed in a summary manner.
21. The proceedings under Chapter IV of the Code are in the nature of civil proceedings, the remedy is a summary one and the person seeking that remedy is ordinarily a helpless person. So the words used in the Sections 125 to 128 of the Code should be liberally construed without doing any violence to the language.
22. In case of Vijay Kumar (supra) the applicant-son, a practicing lawyer at Patna filed an application for transfer of the case from Siwan to Patna alleging that an influential politician is behind his father- respondent, therefore, he would not get justice if the case is tried at Siwan as he could not even arrange a lawyer to represent him. Therefore, the facts of the case of Vijay Kumar (supra) are completely distinguishable from this case in hand of the respondent-mother.
23. On the other hand, while question was raised for maintenance even by step mother against the son in the case of Ganga Sharan Varshney Vs Smt. Shakuntala Devi and another, 1990 Cri.L.J. 128 it was held that;
"Keeping in view the intention of the Parliament behind, Cl. (b) of S. 126 (1) of the new Code should be liberally construed and should mean to enable the claimant in general whether wife, or child, or illegitimate child or mother or father to claim maintenance at the place where she or he resides. Hence it is concluded that a mother can file application for maintenance under S. 125 of the new Cr.P.C. in the district where she resides."7 Cr. R. No.245 of 2015
24. Considering the above enunciation of law it transpires that looking to the relationship as well as social and economic status of parties learned Judge of the Family Court has come to a right conclusion and has also affixed a reasonable amount for interim maintenance.
25. These facts need not to be repeated that since last more than one year the respondent-real mother of the applicant is living at village Ganiyari with her married daughter due to negligence of her son- applicant which falls under the territorial jurisdiction of District Singrouli (M.P.), therefore, learned Family Court Singrouli had jurisdiction to legally decide the case filed by the respondent.
26. Hence, the impugned order dated 10.01.2015 passed by the learned Principal Judge, Family Court Waidhan, District Singrouli is legal, proper and correct, and calls for no interference, therefore this revision petition is devoid of any merit, hence is disallowed at this initial stage.
(Subhash Kakade) Judge ak.