Document Fragment View

Matching Fragments

------------------------------------------------------------------------------

Decided on 04th May, 2026

------------------------------------------------------------------------------ MRUGANKA SEKHAR SAHOO, J.

1. The application is filed by the husband in the marriage seeking revision of the judgment dated 20.02.2025 passed by the learned Judge, Family Court, Bhadrak in Criminal Proceeding No.231 of 2022. The said criminal proceeding was filed by the wife in the marriage. The parties to the proceeding before the learned Judge, Family Court are governed by Mohammedan Law. Their marriage was solemnized on 15.07.2019. The wife filed the petition under Section 125 of Cr.P.C. (since repealed and substituted by the pari materia provision contained in Section 144 of BNSS, 2023) seeking monthly maintenance @ Rs.50,000/- (rupees fifty thousand only).

The paragraphs from Rajnesh (supra) relied upon and applied by this Court for deciding the present revision application are reproduced herein (from SCC Online web edition print):

"(d) Section 125 CrPC
32. Chapter IX of the Code of Criminal Procedure, 1973 provides for maintenance of wife, children and parents in a summary proceeding. Maintenance under Section 125 CrPC may be claimed by a person irrespective of the religious community to which they belong. The purpose and object of Section 125 CrPC is to provide immediate relief to an applicant. An application under Section 125 CrPC is predicated on two conditions : (i) the husband has sufficient means; and (ii) "neglects" to maintain his wife, who is unable to maintain herself. In such a case, the husband may be directed by the Magistrate to pay such monthly sum to the wife, as deemed fit.

38. Proceedings under Section 125 Cr PC are summary in nature. In Bhuwan Mohan Singh v. Meena[Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353 : (2015) 3 SCC (Civ) 321 : (2015) 4 SCC (Cri) 200] this Court held that Section 125 CrPC was conceived to ameliorate the agony, anguish, financial suffering of a woman who had left her matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children. Since it is the sacrosanct duty of the husband to provide financial support to the wife and minor children, the husband was required to earn money even by physical labour, if he is able-bodied, and could not avoid his obligation, except on any legally permissible ground mentioned in the statute.

109. The judgments hereinabove reveal the divergent views of different High Courts on the date from which maintenance must be awarded. Even though a judicial discretion is conferred upon the court to grant maintenance either from the date of application or from the date of the order in Section 125(2) CrPC, it would be appropriate to grant maintenance from the date of application in all cases, including Section 125 CrPC. In the practical working of the provisions relating to maintenance, we find that there is significant delay in disposal of the applications for interim maintenance for years on end. It would therefore be in the interests of justice and fair play that maintenance is awarded from the date of the application.