Criminal Misc. No. M-34120 of 2010(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-34120 of 2010(O&M) Date of Decision: September 23, 2011 Ram Kishore ... Petitioner Versus Kamal Rani ... Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Padam Jain, Advocate, for the petitioner. Mr.R.K.Shukla, Advocate for the respondent. NAWAB SINGH J.(ORAL) Challenge in this petition is to the order dated October 16th, 2010 passed by Additional Sessions Judge, Patiala affirming the order dated May 13th, 2010 of Judicial Magistrate First Class, Patiala, whereby, Kamal Rani - respondent was awarded maintenance allowance equivalent to 50% of the pension of the petitioner on an application filed by her under Section 125 of Code of Criminal Procedure. 2. A perusal of order (Annexure P3) reveals that the petitioner-husband had voluntarily suffered a statement to pay 50% of his pension as maintenance to the respondent-wife till she is alive. He had also stated that in case of any increase in his pension, he shall continue to deposit 50% of the pension amount in her bank account. 3. The respondent-wife is an illiterate lady aged about 60 years, whereas, petitioner-husband is retired Assistant Sub Inspector of Punjab Police. The couple has been blessed with four children; three of whom are married and settled. So far as amount of maintenance awarded to respondent-wife at the rate of 50% of the pension amount is concerned, it is outcome of the voluntary statement, suffered by the petitioner-husband before the Trial Magistrate. In such circumstances, the petitioner-husband cannot be Criminal Misc. No. M-34120 of 2010(O&M) [2] allowed to take a somersault. It is established principle of law that while dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the women, child and infirm parents etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of destitution and starvation. 4. In view of the reasons aforesaid, this Court is of opinion that the impugned orders of the Courts below are proper and justified and no interference is called for. Hence, the petition is dismissed. September 23, 2011 ( NAWAB SINGH ) `gian' JUDGE