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TMI Blog1985 (10) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... sposal of the application. In the instant case, the petitioner was an applicant under section 125 of the Code before the Metropolitan Magistrate, Delhi. In her application, she prayed for an order against her husband directing him to pay maintenance to her. Immediately after she filed the said application, she made another application before the magistrate for an interim order directing her husband to pay some reasonable sum by way of maintenance pending disposal of the main application. The learned magistrate declined to make such an interim order on the ground that there was no express provision in the Code enabling a magistrate to pass such an order. Aggrieved by the said order the application has filed this special leave petition und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of the application for maintenance. Section 126 of the Code prescribes the procedure for the disposal of an application made under section 125. Section 127 of the Code provides for alteration of the rate of maintenance in the light of the changed circumstances or an order or decree of a competent civil court. Section 128 of the Code deals with the enforcement of the order of maintenance. It is not necessary to refer to the other details contained in the above said provisions. A reading of the above provisions shows that they are intended to provide for a preventive remedy for securing payment of maintenance which can be granted quickly and in deserving cases with effect from the date of the application itself. The rate of maint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r IX of the Code thus : Sections 488, 489 and 490 constitute one family. They have been grouped together in Chapter XXXVI of the Code of 1898 under the caption Of the maintenance A of wives and children . This chapter, in the words of Sir James Fitzstephen provides a mode of preventing vagrancy, or at least of preventing its consequences . These provisions are intended to fulfil a social purpose. Their object is to compel a man to perform the moral obligation which he owes to society in respect of his wife and children. By providing a simple, speedy but limited relief, they seek to ensure that the neglected wife and children are not left beggared and destituted on the scrap-heap of society and thereby driven to a life of vagrancy, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruits of the proceedings under section 125, the applicant should be alive till the date of the final order and that the applicant can do in a large number of cases only if an order for payment of interim maintenance is passed by the court. Every court must be deemed to possess by necessary intendment all such powers as are necessary to make its orders effective. This principle is embodied in the maxim 'ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest (Where anything is conceded, there is conceded also anything without which the thing itself cannot exist.) (Vide Earl Jowitt's Dictionary of English Law 1959 Edn. P.1797). Whenever anything is required to be done by law and it is found impossible to do that thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rim maintenance. The affidavit may be treated as supplying prima facie proof of the case of the applicant. If the allegations in the application or the affidavit are not true, it is always open to the person against whom such an order is made to show that the order is unsustainable. Having regard to the nature of the jurisdiction exercised by a magistrate under section 125 of the Code, we feel that the said provision should be interpreted as conferring power by necessary implication on the magistrate to pass an order directing a person against whom an application is made under it to pay a reasonable sum by way of interim maintenance subject to the other conditions referred to there pending final disposal of the application. In taking this v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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