Defects of Interim Maintenance Order Passed U/S, 125 of the Code of Criminal Procedure
By
Pradeepkumar B. Merchant
A revolutionary decision has been given by our Hon'ble Supreme Court in Smt. Savitri v. Govindsing Ravat. This decision is reported in 1986 Cri LJ 41 : AIR 1986 SC 984. After reading the said decision carefully it seems, some complications are likely to arise in view of the binding nature of the said authority.
So far as the maintenance allowance to the children is concerned this ruling no doubt helps those unfortunate and poor children who require monetary help from their father. The provisions regarding the maintenance allowance to be paid to the children are well settled. Whatever may be the dispute between the parents, it is the duty of the father to maintain his child. Therefore, the children living with their mother would be definitely benefited by the interim maintenance allowance, pending the final disposal of an, application u/s 125 of Cr. P. Code.
But the case is otherwise in respect of a wife. It has been laid down in the said decision that even ex parte o ....