Court Can Grant Ex-Parte Interim Maintenance U/S 125 CrPC Or Section 144 BNSS When Accentuating Facts Are Shown: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Court can grant "ex-parte ad-interim maintenance" under Section 125 CrPC or Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Justice Sumeet Goel clarified that "The Court ought to consider a plea, for grant of ex-parte ad-interim maintenance/ad-interim maintenance, in accordance with the well-established norms of judicial discretion and justice. No universal exhaustive guidelines can possibly be laid-down for the exercise of such power & the same shall be exercised by the Court in the facts/circumstances of a given case."

It added further that the Court ought to award ex-parte ad-interim maintenance/ad-interim maintenance in exceptional cases where accentuating facts are put forth.

These observations were made while hearing the plea for revision filled by a man challenging the order passed by a Family Court, wherein it directed the husband to pay an interim maintenance of Rs.15,000 to his wife, till the final disposal of the maintenance plea.

Counsel for the petitioner argued that the order is against the statute as there is no legislative mandate for the grant of any ad-interim maintenance/ provisional maintenance under Section 125 of Cr.P.C pending final disposal of an application for interim maintenance. 

After hearing the submissions, the Court said, "The pivotal legal issue that arises for consideration is as to whether the Court has the power to grant ad- interim/provisional maintenance under Section 125 of Cr.P.C., 1973/Section 144 of BNSS, 2023."

The Court added, "A husband/father cannot be allowed to be derelict in his obligation to give his wife/children their dues. Especially, if this will otherwise lead to penury and hardship for the wife/children, it must be remedied beyond all other considerations."

Justice Goel highlighted that it was with this objective that Section 125 of Cr.P.C and Section 144 of BNSS had been enacted. This provision is a measure of social justice and has been specially enacted to protect women and children, the Court said.

The judge also noted that before the 2001 amendment, Section 125 CrPC did not contain any statutory mandate for the grant of interim maintenance.

Justice Goel explained further that the statute provides for a grant of interim maintenance but there is no express provision for a grant of ad-interim maintenance. At the same time, the statute also does not bar the grant of ad-interim maintenance.

Adding a word of caution, the judge said,"the ex-parte ad-interim maintenance/ad-interim maintenance ought to be awarded in exceptional cases where accentuating facts are put forth."

In the present case, the Court opined that there were no compelling or accentuating circumstances which may justify the passing of an order of ad-interim maintenance.

Consequently, the Court set aside the direction to pay an interim maintenance of Rs.15,000 to the wife of the petitioner.

Title: XXXX v. XXX [CRR(F)-643-2024]

Citation: 2024 LiveLaw (PH) 213