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Grant of leave to appeal against High Court order for maintenance under Section 125 Cr.P.C. High Court's jurisdiction under Article 227 of the Constitution to direct maintenance. Applicability of Surya Dev Rai V. Ram Chancier Rai judgment on High Court's powers. The judgment involves a petitioner seeking leave to appeal against a High Court order in a case where she was a victim of offenses under Sections 376 and 328 of the Indian Penal Code. The petitioner entered into a marriage with the respondent to avoid conviction but was later deserted. She filed for maintenance under Section 125 Cr.P.C., leading to delays and subsequent contempt proceedings against the Presiding Judge of the Family Court for non-compliance with High Court orders. The petitioner contended that while contempt proceedings were initiated, she was not granted any relief, specifically maintenance. The High Court's power under Article 227 of the Constitution to direct maintenance was discussed in light of the Surya Dev Rai V. Ram Chancier Rai judgment, emphasizing that the High Court can intervene to ensure relief in deserving cases of destitution. The judgment highlighted the need for the High Court to exercise caution and sparingly use its jurisdiction under Article 227 but acknowledged its authority to direct maintenance if the subordinate court fails to do so. The Supreme Court, in its decision, refused to grant leave to appeal against the High Court's order dated 29.10.2003. The Court found no grounds for the petitioner to be aggrieved by the impugned order. Instead, the petitioner was advised to appear before the High Court on the next hearing date to seek interim and urgent relief directly. The Court emphasized that if the petitioner's claim is deserving, there should be no reason for the High Court to deny appropriate relief. The judgment concluded by treating the special leave petition as disposed of and instructed for a copy of the order to be promptly communicated to the High Court for further action.
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