Neutral Citation No. - 2025:AHC:5093 Court No. - 73 Case :- APPLICATION U/S 482 No. - 18646 of 2024 Applicant :- Manoj Kumar Nigam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.,Kumar Ankit Srivastava Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the material available on record. 2. This application under Section - 482 Cr.P.C. has been preferred against order dated 10.05.2024, passed by the learned Principal Judge, Family Court, Jaunpur in Case No. 438 of 2022 (Neetu Vs. Manoj), under Section - 125 Cr.P.C., Police Station - Badlapur, District - Jaunpur, whereby the application filed by applicant under Section - 251 Cr.P.C. has been rejected. 3. Learned counsel for the applicant submitted that applicant is a deaf and dumb person and he has filed an application under Section - 251 Cr.P.C. in aforesaid case alleging that due to his deafness and dumbness, he is unable to understand the nature and proceedings of the case. Due to that reason, he is unable to file objections against application of interim maintenance and thus, a order be passed for enabling the applicant to understand the substance of the case but said application has been rejected in an arbitrary manner. Learned counsel submitted that in view of provisions of Section - 251 Cr.P.C., the Family court concerned is required to state the substance of the case and implications of proceedings to the applicant. It was stated that provisions of Section - 251 Cr.P.C. are applicable in the matter. Referring to facts of the matter, it was submitted that impugned order is liable to be set aside. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that provisions of Section - 251 Cr.P.C. are applicable to summon trial cases conducted by Magistrates. Proceedings under Section - 125 Cr.P.C. are not trial and thus Section - 251 Cr.P.C. is not applicable to the proceedings under Section - 125 Cr.P.C.. It was further submitted that applicant is a literate person and earlier he has filed his written statement before the Family court and that he has submitted his own affidavit along with the present application under Section - 482 Cr.P.C. and the affidavit was signed by him and thus, the applicant can understands the proceedings of the case by perusing the record of the case. 5. I have considered the rival submissions and perused the record. 6. At the outset, it may be mentioned that provisions of Section - 251 Cr.P.C. are applicable to the cases, which are tried by Magistrates as summon trial case under Chapter - XX of Cr.P.C.. Proceedings under Section - 125 Cr.P.C. are not trial and in fact the Chapter IX of Cr.P.C. prescribes complete procedure for maintenance related matters. It is apparent that provisions of Section - 251 Cr.P.C. are not applicable to the proceedings under Section - 125 Cr.P.C. 7. However, irrespective of that fact, it is to be considered whether applicant is incapacitated to under the proceedings and implications of the case due to his alleged deafness and dumbness. It appears that applicant is a literate person and he has signed his affidavit filed in support of this application under Section - 482 Cr.P.C.. As per disability certificate issued by the Medical Authority, Jaunpur, Uttar Pradesh, the applicant is suffering from hearing impairment and his case is 'Deaf-Mutism'. As per Wikipedia, 'Deaf-Mutism' is a term which refers to deaf people who cannot speak a language, they cannot speak by mouth or, they may choose not to speak because of the attention unusual voices attract. As per definition of Deaf-Mutism, it is congenital deafness that results in inability to speak. Thus, it appears that in case of 'Deaf-Mutism' the person suffers from inability to speak. In the instant matter, it appears from aforesaid facts that applicant is a literate person and thus on the basis of mere inability to speak, it cannot be said that applicant is unable to understand the proceedings of the case, particularly, when he is represented by his counsel and he can communicate in writing. In view of these facts and circumstances, it cannot be said that impugned order is suffering from any such patent illegality or abuse of the process of Court, so as to require any interference by this Court by invoking powers under Section - 482 Cr.P.C. 8. However, as the applicant is a case of 'Deaf Mutism', it is expected from the Family Court concerned that proceedings shall be conducted keeping in view the said deformity of the applicant and possible measures would be taken in order to facilitate the applicant, so that he may understand the nature and consequences of the proceedings. 9. With the aforesaid observations, application under Section - 482 Cr.P.C. is disposed of. Order Date :- 9.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad