The Allahabad High Court noted that since a family court functions with the jurisdiction of a Judicial Magistrate when ruling on applications under Section 125 Cr.P.C., requests for expedited disposal of such applications under Section 483 Cr.P.C. are maintainable.
The Court was considering an application filed under Section 483 Cr.P.C. that sought a directive for the Additional Principal Judge to promptly decide a case under Section 125 Cr.P.C.
The bench of Justice Subhash Vidyarthi observed, “As the Family Court exercises the jurisdiction of judicial magistrate while deciding an application under Section 125 Cr.P.C., an application under Section 483 Cr.P.C. seeking a direction to the Family Court for expeditious disposal of an application under Section 125 Cr.P.C. would be maintainable.”
Brief Facts:
The petitioner, Shiva Pankaj, married the respondent and they have a daughter. The petitioner alleges that the respondent mistreated her and eventually evicted her and their daughter from the matrimonial home. Consequently, the petitioner filed an application under Section 125 Cr.P.C. seeking maintenance. In response, the respondent filed an application under Section 125(4) Cr.P.C. requesting the rejection of the maintenance application.
Subsequently, the petitioner filed an application for interim maintenance. The respondent objected, arguing that under Section 483 Cr.P.C., the High Court’s supervisory powers over subordinate judicial magistrate courts do not allow for directing the Additional Principal Judge, Family Court. The petitioner countered that since the Family Court exercises the jurisdiction of a magistrate when deciding applications under Section 125 Cr.P.C., an application under Section 483 Cr.P.C. is maintainable to expedite the disposal of the Section 125 Cr.P.C. application.
The Court mentioned the decision of the full bench of Madhya Pradesh HC in Rajesh Shukla v. Meena & Anr..: 2005 CRILJ 3800 and quoted, “From perusal of the scheme of the Act, it is clear that Family Court exercises two types of powers. Cases except the case under Chapter IX of the Code are decided by the Family Court as a District Court. The Family Court while dealing with the proceedings under Chapter IX of the Code Family Court exercises the jurisdiction of a Judicial Magistrate First Class.”
Accordingly, the Court dismissed the preliminary objection raised by the opposite party and moved forward to consider the merits of the case.
The Court highlighted that the proviso attached to Section 125(1) Cr.P.C. stipulates that an application for monthly interim maintenance and proceeding expenses, under the second proviso, should ideally be resolved within sixty days from the date the notice of the application is served to the concerned person.
The Court stated that it would serve the interests of justice to issue a directive to the Family Court for the prompt resolution of the interim maintenance application.
Accordingly, the Court granted the petition and instructed the Judge to expeditiously dispose of the pending application for interim maintenance, in accordance with the statutory mandate outlined in the third proviso of Section 125(1) Cr.P.C.