Hamsafar Thru. Board Member Arundhati Dhuru [P. I. L. ] v. Union of India
2014-07-25
D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
body2014
DigiLaw.ai
JUDGMENT Hon'ble Devendra Kumar Upadhyaya, J. The reliefs which the petitioners seek, in this petition which is filed in the public interest are to the following effect. (a) To issue, a writ, order or direction to for the timely disposal of the petitions under section 125 Cr.P.C. (b) To issue, a writ, order or direction for adequate quantum of maintenance under 125 Cr.P.C. to ensure dignified life. (c) To issue a writ order or direction for the effective enforcement of the maintenance order under 125 Cr.P.C. (d) To issue, a writ order or direction commanding the respondent No. 1, 2 and 3, 4 and 5 to create a supervisory committee in cases under Section 125 Cr.P.C. to evaluate the real assets of husbands in these cases as to assist the forum in determining the real quantum of maintenance to be awarded in cases under section 125 Cr.P.C. ? 2. In our view, it is not necessary for the Court to entertain the petition for, as we shall now elucidate each of the reliefs sought is governed by specific provisions which are made under Section 125 of the Code of Criminal Procedure, 1973. 3. Prayer clause (a) for the timely disposal of petitions is governed by the third proviso of sub-section (1) of Section 125 . Insofar as quantum of maintenance is concerned, this is a matter for the exercise of judicial discretion having regard to the purpose and object of the provisions. Prayer clause (c) which deals with the enforcement of the orders is a matter on which the legislature has made specific statutory provisions in sub-section (3) of Section 125 . Insofar as the prayer clause (d) is concerned, a general direction cannot be issued to constitute a supervisory committee to evaluate as to what, according to petitioners, are real assets of 'the husbands'. 4. These are matters of evidential determination on which a judicial approach has to be followed by the Magistrate. Hence, it is not a case where a public interest litigation should, in our view, be entertained. The petitioner would have liberty to make appropriate suggestions on the administrative side, which can be considered for appropriately gearing up the machinery for the proper implementation of the orders under Section 125 . 5. The petition is, accordingly, disposed of. There shall be no order as to costs.