IMPORTANT POINT
A husband must provide maintenance to his wife if she is unable to support herself, even post-divorce under certain conditions, emphasizing the necessity of evidence in divorce claims.

CAV JUDGMENT :

Introduction

The present Criminal Revisions Petition has been preferred by the Petitioner against the impugned Final Order dated 20.03.2021 passed by learned Principal Judge Family Court, Bhagalpur in Maintenance Case No. 15 of 2018, whereby learned Principal Judge has directed the Petitioner herein to pay Rs.7,000/- per month to his wife, who is the Opposite Party No.2 herein, towards her maintenance from the date of the order i.e 20.03.2021.

The case of Nazia Shaheen, (Petitioner before the Family Court and O.P. No.2 herein)

2. Nazia Shaheen, who was the Petitioner in the maintenance case before the Family Court and is Opposite Party No.2 herein, was married to Md. Murshid Alam on 01.12.2010 as per Muslim rites and customs and subsequent to the marriage, she joined the matrimonial home of her husband. However, just after few weeks, she was subjected to torturing by her husband and his family members, and hence, she left her sasural and started living at her maike. It was also claimed by Nazia Shaheen that she is a pardanashi lady and she has no source of income, but her husband Md. Murshid Alam is not paying any maintenance to her from the year 2011, whereas he is a man of wealth and income, working in a private company at Singapore and she has claimed maintenance @ Rs.15,000/- per month from her husband Md. Murshid Alam.

The case of Md. Murshid Alam, (Opposite Party before the Family Court and Petitioner herein)

3. Md. Murshid Alam, who was the Opposite Party before the Family Court and is the Petitioner herein, appeared before the Family Court on notice and filed his objection by way of written statement, in which he has admitted his marriage with Nazia Shaheen. However, he has denied that he ever subjected his wife to any cruelty. He has further claimed that just after three or four days of her stay at his matrimonial home, she left his matrimonial home and thereafter, she used to come to his home off and on. It was also claimed by him that his wife, Nazia Shaheen is not a pardanashi lady and she moves everywhere including public places like Courts, markets. She also moves with unknown persons at different times, which casts cloud on her character and she wants to live some luxurious life as per her own accord. She is a lady of independent nature and she never lives in guardianship of her parents or husband, and hence, she had left the matrimonial home. She was also not satisfied with general life of a middle class family.

4. As per the further case of Md. Murshid Alam, he has filed one Matrimonial Case bearing No. 188 of 2013 for restitution of conjugal rights against his wife, Nazia Shaheen before Family Court, in which compromise was reached at between them, as per which his wife was to receive a sum of Rs.1,00,000/- towards her alimony/den mohar and expenses of iddat and thereafter, he was not required to pay anything to her in future. In pursuance to the compromise, he has also paid Rs.1,00,000/- to her, and hence, the matrimonial tie between them came to an end. Hence, she is not entitled to get any maintenance and the maintenance petition was misconceived. He has also stated that one false Criminal Complaint Case bearing No. 138 of 2015 was filed by her in the Court of learned A.C.J.M.-IV, Bhagalpur, which is pending. He has claimed that he has other liabilities like old ailing mother and unemployed brother.

Dispute between the parties

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