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?We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the fountain of life. Many of the things we need can wait. The child cannot. Right now is the time his bones are being formed, his blood is being made, and his senses are being developed. To him we cannot answer ?Tomorrow,? his name is today.? - Gabriela Mistral If instant justice is the need of the child, whether in an application for interim maintenance, the Court should pass ad-interim exparte order of interim maintenance under proviso to Section 125 (1) Cr.P.C. is the issue canvassed in this revision petition.

In many jurisdictions, the claim made under Section 125 Cr.P.C. are also dealt with by the Judges of the Family Court.

9. When an aggrieved person can get an exparte interim maintenance while moving the Family Court invoking the provisions of the Domestic Violence Act, there is no reason as to why the same relief of maintenance should be denied to him, while moving for the same relief under the provisions of Code of Criminal Procedure, when the provisions in both the enactments intend to provide instant relief to the victims.

19. The Court has got not only the power, but the duty to consider the application for grant of interim maintenance and to pass exparte ad-interim order of interim maintenance in all cases, even before issuing notice to the respondent as per the proviso to Section 125(1) Cr.P.C., except where there is apparent disqualification under the Law for the petitioner to claim maintenance. In cases, where the Court is not granting ad-interim exparte order of maintenance, the Court shall record the reasons in brief and then order notice.

22. Before the expiry of 60 days period, the Court will be able to pass final order disposing of application for interim maintenance after hearing both sides on merits. This will ameliorate the problems of the children and wife. If the order had been obtained by suppression of material facts or based on false allegations, the order could be modified / set aside, even before the implementation of the exparte order interim maintenance, i.e. even before the 1st payment. Thus, the rights and interests of both parties can be protected. Therefore, there is no legal impediment in passing ad-interim exparte order of interim maintenance.