Court No. - 53
Case :- CRIMINAL REVISION No. - 3170 of 2018 Revisionist :- Ram Raj Bind Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Vinay Kumar Singh, Ajay Kumar Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
1. Heard Sri Ajay Kumar Singh Yadav, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned A.G.A. appearing for the State.
2. The applicant claims to be a disabled and dependent brother, who has sought maintenance from opposite party No.2, invoking the provisions of Section 125 Cr.P.C.
3. By the impugned order dated 06.08.2018 passed in Case no.82 of 2015, Ram Raj Bind vs. Ram Milan, the Principal Judge, Family Court, Jaunpur has rejected the said application. Aggrieved, the present revision has been filed.
4. The provisions of Section 125 (1) Cr.P.C. reads as under:-
“(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.- For the purposes of this Chapter,-
(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ) is deemed not to have attained his majority;
(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.”
5. A perusal of the aforesaid provisions would show that it is in specified relations that a person can claim maintenance invoking provisions of Section 125 Cr.P.C. Primarily, it is meant to secure maintenance to wives, children and parents; rather, exclusively to them. It is not meant to serve the interest of other relatives, including a brother.
6. It is in keeping with the law that the learned Family Judge has refused the applicant’s claim.
7. No interference with the order impugned is called for.
8. This revision fails and is dismissed in limine.
Order Date :- 14.9.2018 Anoop/NSC