The high courts have pointed out in different matters of one of the spouse e.g;
Delhi District Court
Sh. Bhagat Ram vs (4) Smt. Rekha on 8 January, 2016
https://indiankanoon.org/doc/172448519/
However, it is trite that proceedings for maintenance under section 125 Cr. P.C. are of the nature of civil proceedings for maintenance under section 125 Cr. P.C. are of the nature of civil proceedings though the criminal process is applied for the purpose of summary and speedy disposal of such matters.
7. Hon'ble High Court in the aforesaid judgment, observed that when the proceedings are of civil nature and the criminal process is applied for purpose of summary and speedy disposal of such matters, then exercise of inherent power can be done for setting right the wrong with the applicability of 'ubi jus ibi remedium'.
https://indiankanoon.org/doc/172448519/
Kerala High Court
Ayishabi vs Shahul Hameed
https://indiankanoon.org/doc/27041307/
But unfortunately, such a mandate could not be fulfilled by the court on account of large pendency of cases before each court. But that cannot be a ground for adjourning the case indefinitely, when the statute mandates for early summary disposal of certain types of cases, which requires urgent attention of the court. Further, even if the court feels that, disposal of the main case will take some time on account of the large pendency of cases before that court, it should have made some attempt to dispose of the interim application filed in that case under Section 23 of the Act, as it is intended to provide interim protection for the aggrieved persons, against any alleged domestic violence in
O.P. (Crl.)127/ 2014 the shared house hold. So under the circumstances, this court feels that, the petition can be disposed of as follows:
The learned magistrate is directed to dispose of M.C.155/2013 pending before that court, as expeditiously as possible at any rate, within three months from the date of receipt of this order.
