JUDGMENT B.L. Yadav, J. - The present revision u/s 397/401 of the Code of Criminal Procedure, 1973, (for short the Code), has been filed by the applicant, the husband, against the opposite party No. 1, against the order dated 22-1-86 passed by the Xth Additional Munsif Magistrate, Moradabad, allowing the application of the opposite party, the wife u/s 125 of the Code and directing the applicant, the husband, to pay a sum of Rs. 500/- per month as maintenance to her on tenth of every month. 2. The facts of the case lie in a very narrow compass and they are these. The opposite party filed an application for maintenance u/s 125 of the Code alleging that she has been deserted by her husband, the present applicant as her father failed to pay sufficient dowry demanded by the present applicant and his family members, the applicant was earning about Rs. 1200/- per month and he has refused to maintain her. Earlier there was suit in this connection in the Court of Munsif Magistrate VIII and there was a compromise and she went to the house of her husband after the compromise, but she was again beaten by him and has been turned out. Hence again the application for maintenance has been filed. 3. Service was effected on the opposite party No. 1, but he did not appear nor he filed any written statement, hence the proceedings were decided ex-parte against him and the impugned order has been passed. 4. Learned Counsel for the applicant urged that the proceedings were ex-parte and there was nothing to indicate that he was served or he wilfully neglected to attend the Court as provided in the proviso to Section 126 of the Code, consequently, the ex-parte order directing the applicant to pay maintenance was illegal. It was further urged that a sum of Rs. 500/- per month was excessive amount and the applicant is not in a capacity to pay the said amount. It was accordingly urged that the impugned order may be set aside. 5. Learned Counsel for opposite party No. 1, on the other hand, urged that as the applicant did not appear inspite of proper service being effected, hence the case has correctly proceeded ex-parte against him and the procedure provided u/s 126 of the Code has been followed. It was accordingly urged that the impugned order may be set aside. 5. Learned Counsel for opposite party No. 1, on the other hand, urged that as the applicant did not appear inspite of proper service being effected, hence the case has correctly proceeded ex-parte against him and the procedure provided u/s 126 of the Code has been followed. In case the applicant felt aggrieved, he could have made an application for setting aside the ex-parte order within three months from the date thereof and the learned Magistrate could have allowed that application on payment of cost etc. and there was no illegality or irregularity committed by the learned Magistrate justifying the interference by this Court, and that considering the facts and circumstances of the case, the amount of maintenance for a sum of Rs. 500/- was not excessive. 6. The first point for consideration is as to whether the ex-parte order has been correctly passed? It has been observed in the impugned order by the learned Magistrate that inspite of sufficient service the applicant did not appear nor he filed any written statement, consequently, the Court proceeded ex-parte and after looking into evidence including the affidavit, the case was decided ex-parte. It appears that the service was effected properly on the applicant and thereafter he did not appear, hence the learned Magistrate had no option, but to proceed ex-parte in view of the provisions contained in proviso to Section 126 of the Code. 7. The revision was directed against the order of maintenance u/s 125 of the Code. The principle for interpretation of Sections 125 and 126 is that the intention of the legislature has to be ascertained. In view of the words employed, in fact, the provisions of Sections 125 and 126 are beneficient legislation for the welfare of neglected wives and children. It has to be construed liberally. The interpretation in such matters must be benevolent and approach must be justice oriented. If, earlier, the compromise was arrived at between the parties when the matter was pending before the Munsif Magistrate, that compromise must have been respected by the parties. It appears that the applicant again neglected to maintain the opposite party No. 1, the wife. The status of the opposite party No. 1 as wife has not been denied by the applicant, otherwise there was no sense in arriving at any compromise in the earlier proceedings. It appears that the applicant again neglected to maintain the opposite party No. 1, the wife. The status of the opposite party No. 1 as wife has not been denied by the applicant, otherwise there was no sense in arriving at any compromise in the earlier proceedings. 8. The words used in proviso to Section 126 of the Code are that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made, is wilfully avoiding the service or wilfully neglects to attend the Court, the Magistrate may proceed to hear and determine ex-parte. The learned Magistrate has recorded a finding that inspite of sufficient service the applicant did not appear nor filed any written statement. The provision under Chapter IX of the Code is a social welfare legislation and human rights legislation should be construed in the context of colour and contents of such statute. In the present case I am satisfied that the observation has been correctly made by the Magistrate that inspite of sufficient service the present applicant neither appeared nor filed any written statement, hence there was no option but to proceed ex-parte deciding the case on the basis of evidence and affidavit on record. 9. Proviso to Section 126 of the Code enacts that within three months from the date of order the applicant could make an application for setting aside the ex-parte order and the Magistrate could have set it aside on being satisfied and on condition of imposition of cost the ex-parte order could have been set aside. But the applicant did not make any such application. It was for him to make an application rather than to rush to this Court in revision. In case the provision for restoration has been made by the legislature that could have been availed of, but now it is too late in the day. 10. The matter may be viewed from another angle. The object of legislature in enacting Sections 125 and 126 of the Code was to provide a speedy remedy against any person who, despite means, neglects or refuses to maintain his wife or children. The object of legislature in enacting these Sections is to prevent vegrancy and starvation. These provisions are enacted to serve the social purpose. These provisions could not be said to be strictly of criminal jurisdiction. The object of legislature in enacting these Sections is to prevent vegrancy and starvation. These provisions are enacted to serve the social purpose. These provisions could not be said to be strictly of criminal jurisdiction. In fact, it is a social welfare legislation. The approach of the Court in interpreting these provisions must be benevolent and justice oriented. The order must be passed keeping in view, the principles of equity, justice and good conscience and the human consideration must dominate the scene. In such matters, I am of the opinion that the duty of the Court has been pointed out by their Lordships of the Supreme Court in I.T.C. Ltd. and Others Vs. State of Karnataka and Others, (1985) SCC 476 Supp to the following effect: The Courts of today cannot and do not any longer remain passive with the negative attitude, merely striking down a law or preventing something being done. The new attitude is towards positive affirmative actions, directing people or authorities concerned that "thou shall do it" in this manner. While it is true that if a law is bad, the Court must stike it down. But if the law by and large and in its true perspective of a social purpose, if implemented in a particular manner, could be valid, then the Court can and should ensure that implementation should be done in such particular manner and give directions to that effect. 11. It is needless to say that the provisions u/s 125 of the Code are summary in nature. The findings are not final and the parties can agitate their claims in the Civil Court by filing a civil suit. It is a sort of distinctive right independent of the right which the wife or the children may have under the personal law. The remedy contemplated by Section 125 of the Code is a speedy remedy with a view to prevent starvation of a deserted wife or child. In the present case, considering the earlier proceedings, I am satisfied that the service was effected on the applicant. But inspite of that he did not appear nor filed any written statement. Considering the facts and circumstances of the case and the cost of living Rs. 500/- per month is not the excessive amount and this amount has been fixed even by the legislature u/s 125(1) of the Code. But inspite of that he did not appear nor filed any written statement. Considering the facts and circumstances of the case and the cost of living Rs. 500/- per month is not the excessive amount and this amount has been fixed even by the legislature u/s 125(1) of the Code. In this respect the discretion exercised by the learned Magistrate appears to be correct and the same need not be interfered with. 12. In view of the discussions made hereinbefore, the present revision fails and it is accordingly dismissed. The interim stay order dated 9-7-86 is hereby vacated.