discuss about the nature of the proceedings under Section 125 of the Code. No doubt, it is a social legislation to protect the women/children/parents, who are in need of support. When such claim for maintenance is made under the personal law, the right is decided by the Civil Court. Only with a view to have a speedy disposal of such claims for maintenance, having regard to the urgent need of the victims of desertion and neglect, the Parliament thought it fit to incorporate the provision to enable the victims to claim maintenance through the criminal court. Thus, though a petition under Section 125 (1) of the Code is made before the criminal court - as defined under Section 6 of the Code essentially, the right that is decided by the said Court is purely civil in nature. Therefore, undoubtedly, the order made by the Magistrate under Section 125 (1) of the Code for maintenance is the culmination of such a civil right of an individual. But, Section 125(3) of the Code empowers the Court to impose a sentence of imprisonment, in the event of failure to obey such order made under Section 125(1) of the Code. To this extent, the proceeding is criminal in nature. To put it comprehensively, a proceeding initiated under Section 125 of the Code is quasi-civil and quasi-criminal. The Hon'ble Supreme Court has held so in several judgments. Regarding the procedure for making claim before the Court for maintenance, what is filed under Section 125 (1) of the Code is pure and simple a petition and not a complaint as defined in Section 2(d) of the Code. This would again indicate that a proceeding under Section 125 of the Code is treated as a quasi-civil and quasi criminal proceeding.”
