Implied power to grant interim maintenance under section 125 CPC supports immediate relief in summary maintenance proceedings.

A Magistrate dealing with a maintenance application under section 125 of the Code of Criminal Procedure has implied power to grant interim maintenance pending final disposal. Because Chapter IX is a summary, preventive remedy meant to protect a neglected wife, child, or parent from immediate hardship, the absence of an express provision does not bar ancillary orders needed to make the remedy effective. The court may therefore direct payment of a reasonable sum on a prima facie basis, and such an interim order may later be modified or cancelled after hearing the respondent.

---

---

Issues: Whether a Magistrate dealing with an application for maintenance under section 125 of the Code of Criminal Procedure, 1973 has implied power to grant interim maintenance pending final disposal of the application.

Analysis: Chapter IX of the Code is designed to provide a swift preventive remedy to protect a neglected wife, child, or parent from immediate hardship and starvation. Although the Code does not expressly provide for interim maintenance, it also does not prohibit such an order. The jurisdiction under section 125 is not punitive but summary and protective in character, and courts are to construe the provision so that its object is not defeated. On that basis, and applying the principle that every court possesses by necessary intendment the powers needed to make its orders effective, a Magistrate may require the respondent to pay a reasonable sum by way of interim maintenance pending final disposal. The Court also indicated that an affidavit may be relied upon to show a prima facie case and that such an order can be modified or cancelled after hearing the respondent.

Conclusion: A Magistrate under section 125 of the Code of Criminal Procedure, 1973 does have implied power to grant interim maintenance pending final disposal of the maintenance application.

Ratio Decidendi: Where a statutory maintenance remedy is preventive in nature and intended to provide immediate relief, the court may exercise by necessary implication all ancillary powers required to make the remedy effective, including the power to award interim maintenance absent express prohibition.

---