Maintenance under Section 125 aims to prevent destitution, ensuring support for a wife and children based on the husband's means, regardless of the wife's income.

JUDGMENT :

1. The present revision application is filed by the applicant/wife and children against the judgment and order dated 30.11.2020 passed by learned Judge, Family Court, Amravati in Application No.E-148/2014.

2. By the said judgment and order impugned, learned Judge of the Family Court granted maintenance to the applicant Nos.2 and 3 @ Rs.1500/- per month and applicant No.4 Rs.1000/- from the non-applicant. It is further directed that the non-applicant shall pay maintenance @ Rs.1500/- to applicant No.2 Wasiya from the date of application i.e. 30.12.2014 till 17.11.2020 i.e. till her marriage. The non-applicant was also directed to pay maintenance @ Rs.1500/- to the applicant No.3 till she marries from 30.11.2020. The further direction was given to pay the maintenance to the applicant No.4 @Rs.1000/- from 30.12.2014 till he attains majority.

3. Brief facts which are necessary for disposal of the revision application are as under:

Applicant No.1/Shaheba, is legally wedded wife of the non-applicant and their marriage was performed on 5.6.1997. From the said wedlock, the births of applicant Nos.2 to 4 took place. As per the allegations, applicant No.1 was ill-treated by the non-applicant and his family members and, therefore, she was constrained to leave the matrimonial house along with her children. She had filed an application before the Family Court bearing Application No.E-148/2014 claiming maintenance @Rs.8000/- per month for applicant No.2 and Rs.5000/-each for applicant Nos.3 and 4 to incur their expenses towards education. Learned Judge of the Family Court by order dated 27.3.2019 dismissed the application despite of the fact that applicant Nos.2 to 4 are children and unable to maintain themselves. The said order of the Family Court was challenged before this court in Revision Application No.160/2019 which was allowed on 7.2.2020 directing the non-applicant to deposit an amount of Rs.1.00 lacs before the Family Court by way of interim maintenance and the Family Court was directed to consider the proceedings under Section 125 of the Code of Criminal Procedure afresh. The applicant filed pursis vide Exh.71 contending before the Family Court that she would adopt her earlier evidence and also entered into witness box for filing additional documents as to the expenses of education of her children. The Family Court without considering the evidence granted maintenance by directing to pay a very meager amount. Being aggrieved and dissatisfied with the same, the present revision is preferred by the applicants.

4. Heard learned counsel Shri Rahul Dhande for the applicants and learned counsel Shri S. Raisuddin for the non-applicant.

5. Learned counsel for the applicants invited my attention towards the evidence of applicant No.1 adduced vide Exh.30 and submitted that the evidence of the applicant shows that the non-applicant is having sufficient means to maintain himself as well as the applicant Nos.2 to 4. The applicant No.1 though is serving as a Teacher in a college, she has to incur the expenses towards rent of the accommodation and expenses towards education of the children. The applicant No.2 at the relevant time was studying in B.Sc. Final Year, applicant No.3 was studying in 11th Std. and applicant No.4 was studying in 8th Std.. The non-applicant is running Auto Deals and Travels as “Safal Travels”. He is also having an agricultural land and thus having sufficient means.

6. The cross-examination of applicant No.1 shows that she is drawing salary of Rs.50,000/- per month and in the year 2013 she was getting salary of Rs.45,000/-. It was suggested that she has no documentary evidence to show that she is residing on rental basis which she has admitted. She has also admitted that she purchased one plot for consideration of Rs.7,20,000/- and now she is residing in the house constructed on her plot. She further admitted that she has not filed any documentary evidence in respect of “Safal Travels”.

7. Besides her oral evidence, she