Section 125 of the Code of Criminal Procedure = As the heading of the chapter itself indicates, these provisions relate only to order for maintenance in favour of wives, children and parents and it does not encompass in it’s sweep an order for maintenance in favour of the husband from the wife.

6 Jan

advocatemmmohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2012
CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
Crl.O.P.No.10466 of 2012
B.Clement
… Petitioner
Vs.

Mrs.Mcthel Thanga Annam @ P.Mcthel
… Respondent

Petition filed under Section 482 of the Code of Criminal Procedure praying to transfer the case in M.C.No.3 of 2011 pending on the file of the learned Chief Judicial Magistrate, Dharmapuri to be tried with M.C.No.21 of 2011 pending on the file of the Judicial Magistrate, Ambattur.

For petitioner : Mr.V.Lakshmi Narayanan

For respondent : Mr.K.P.Anantha Krishna
Government Advocate
[Criminal Side]
ORDER

The Provision for order for maintenance of wives, children and parents envisaged in chapter X of the Code of Criminal Procedure serves a social purpose. It is a measure of social justice and specially enacted to protect women, children and parents and it falls within the constitutional sweep of Article 15(3) of the Constitution of India

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