IMPORTANT POINTS
(1) Maintenance – Even if wife is earning, it cannot operate as a bar from being awarded maintenance by husband – It is moral duty of husband to pay maintenance to her wife but it does not mean to squeeze milk from husband that marriage becomes felony for husband.
(2) Maintenance – Object of Section 125 of Cr.P.C. is social justice and also to ensure dignity of individual as enshrined in preamble of Constitution of India – Maintenance amount awarded by Court must be reasonable and realistic.

JUDGMENT

Heard learned senior counsel for the petitioner, learned counsel for the State and learned counsel for the Opposite Party No.2.

2. This criminal revision has been preferred against the order dated 18th April, 2022 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.505 of 2021, whereby the petitioner has been directed to pay Rs.40,000/- per month as maintenance to the Opposite Party No.2 from the date of application i.e., 4th October, 2021. The petitioner was further directed to make payment of all arrear amount within two months from the date of the order.

3. Brief facts of the maintenance case given on behalf of the wife (the O.P. No.2 in this case) are that marriage of the Opposite Party No.2 – Palak Agarwal was solemnized with Niraj Kathuria (the petitioner in this case) according to Hindu rites and rituals on 29th April, 2018 at Sonotel Hotel, Saraidhela Dhanbad. Since, thereafter, the spouse joined marital consortium in the house of the petitioner – Niraj Kathuria. After a short span of time, the petitioner, his mother and married sisters began to show colour of dissatisfaction of the dowry articles on the ground that the dowry was not given befitting to the status of the petitioner. Since next date of marriage i.e., 30th April, 2018, the O.P. No.2 became eyesore in the matrimonial home. The entire building was put under CCTV camera surveillance and the cell phone of the O.P. No.2 was also taken into custody by the petitioner just to track the activity of the O.P. No.2. The petitioner – Niraj Kathuria is the habitual drunkard and he hobnobs with young girls to maintain his culture. He used to commit brutal marital sex by pinching teeth on the face of the O.P. No.2, brutally slapping her and used to injure her private parts and even wanted carnal sex with the O.P. No.2. The taunt, maltreatment was also given to the O.P. No.2 by the petitioner and his family members including kith and kins. Even free movement of the O.P. No.2 was also restricted in the matrimonial house. The fertile brain of the petitioner acted when he had installed spyware in the cell phone of the O.P. No.2 to track the conversation with her parents. All the personal documents of the O.P. No.2, such as, Aadhar, Voter ID and Pan Card were retained by the petitioner. The golden/silver jewellery of Streedhan was also taken in possession by the mother of the petitioner. The voracity of further asset grew up the petitioner and his mother demanding diamond studded platinum bracelet for the petitioner and diamond earrings for the mother and other family members apart from further cash amount of Rs.10 lakhs during course of Baby Shower Ceremony. The inability was expressed by the O.P. No.2 but she was assaulted by the petitioner even during her pregnancy. In consequence, the female issue was born with liver infection, who expired within 22 months. The O.P. No.2 was forced and compelled to leave the matrimonial house on 3rd June, 2021 and presently residing at the house of her ailing parents. The O.P. No.2 was neither provided any maintenance nor the petitioner ever inquired in regard to the welfare of the O.P. No.2, since desertion by the petitioner. The O.P. No.2 has no means to survive as she faces acute financial stringency to arrange even her basic necessity of food, cloths and shelter apart from medical treatment. The petitioner is a man of high financial means and lead lavish life with number of cars/house/bungalow/asset/man force etc. He is a renowned business magnate in the coal city of Dhanbad and operating one coal/coke producing factory in the name of Shree Shakti Infrastructure, Parsai Govindpur, Dhanbad from which he fetches monthly income of Rs.5 lakhs and he is also operating another Coal/coke manufacturing plant in the name of Bhawani Coke Industry Barwadda, Dhanbad from which he also fetches monthly income of Rs.3.5 lacs. The petitioner has also monthly income of Rs.4 lacs from other sources and