1993 CRI. L. J. 1506 ::1993 (75) CutLT 24 ::1993 (1) DMC 153 ::(1992) 2 Orissa LR 549 ::(1992) 5 OCR 630

Orissa High Court

Hon'ble Judge(s): Arijit Pasayat, D. M. Patnaik , JJ

(A) Family Courts Act (66 of 1984) , S.7— Maintenance - Application for - Dismissal in default for non-appearance - Restoration - No inherent powers in family Court - It can, however, direct restoration by exercising implied powers - S. 125, Cr. P.C. - Interpretation of - Should benefit weaker Section of society. ILR 1963 Cut 556, Overruled. Criminal P.C. (2 of 1974) , S.125, S.482— Constitution of India , Art.15(3)— Interpretation of Statutes - Welfare laws. No Court other than the High Court has inherent powers. Thus an application for maintenance under S. 125, Cr. P.C. cannot be dismissed for default for non-appearance, by the family Court in exercise of its inherent powers. ILR 1963 Cut 556, Overruled.(Para 4) However, notwithstanding absence of inherent powers, restoration can be directed by exercise of implied powers. The Court in exercise of ancillary and incidental powers can direct restoration even though there is no specific provision in the Code. The situation may be viewed in the background of S. 126(2) which permits a husband to seek setting aside of an ex parte order against him.(Para 4) Keeping in view the benign provisions in Section 125 enacted to ameliorate economic condition of neglected wife and discarded @page-CriLJ1507 ....