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2014 DIGILAW 3876 (MAD)

S. Lavanya Devi v. Sugavanan

2014-10-16

P.DEVADASS

body2014
Judgment 1. Petitioner seeks a direction for speedy disposal of her collection/execution petition filed under Section 125(3) Cr.P.C. 2. Petitioner, who is the wife of the respondent, after a long drawn legal battle has been granted certain sum of money as maintenance under Section 125(1) Cr.P.C. But there is huge arrears of maintenance. 3. It is a pity that the petitioner has to languish further even to enjoy the benefit of the maintenance order passed by the Magistrate. 4. Time and again it has been emphasised that this kind of collection petitions have to be disposed of quickly. The very idea of inserting Section 125 of Cr.P.C. in Chapter IX of the Criminal Procedure Code is to ensure summary disposal of the petitions filed under Section 125 Cr.P.C. But they are being tried and dragged on like a most complicated civil suit and most difficult Sessions Case. 5. Generally, there will be a tendency among the husbands to the extent possible to avoid payment of maintenance amount to their wives although they will spent huge money on several other items. 6. Now, in this case, the petitioner has been driven to the High Court to seek a direction under Section 482 Cr.P.C. The learned Magistrate is bound to implement the orders passed under Section 125 Cr.P.C. quickly. 7. It is all the more important to note that the scope of enquiry in a collection petition filed under Section 125(3) Cr.P.C. is very less and minimal. 8. In the circumstances, the learned Judicial Magistrate, Aruppukottai is directed to dispose of Crl.M.P.No.1944 of 2012 within one month from the date of receipt of a copy of this order, however, after giving opportunity to both sides. 9. Accordingly, this Criminal Original Petition is disposed of.