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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT PORT BLAIR
BIVAS PATTANAYAK, J.
Shri Anil Kumar - Petitioner
Versus
Smti. Vijayanti Kumari and Others - Opposite Parties
CRR No. 32 of 2022
Decided On : 30-06-2023
MAINTENANCE - SECTION 125 OF CRIMINAL PROCEDURE CODE - QUANTUM AND DATE OF EFFECT - SUFFICIENCY OF INCOME - NEGLECT TO MAINTAIN - LIVING SEPARATELY ON MUTUAL CONSENT - SECTION 125(4) OF CRIMINAL PROCEDURE CODE - EDUCATIONAL EXPENSES - INTERPRETATION AND APPLICATION.
Fact of the Case:
Husband challenged the order of the Family Court granting maintenance to his wife and minor child under Section 125 of the Criminal Procedure Code, claiming that his income was not considered, the wife left the matrimonial home on her own accord, and the maintenance should not be granted from the date of application as the child was not born then.
Finding of the Court:
1. The husband failed to disclose his income, and an able-bodied person is presumed to be capable of earning sufficient means to maintain his wife and child. 2. The wife did not leave the matrimonial home on her own accord, as there was evidence of matrimonial discord and the husband did not make any effort to bring her back. 3. The maintenance should be granted from the date of application for the wife and from the date of impleadment for the child.
Issues: 1. Whether the Family Court erred in allowing maintenance without considering the husband's income? 2. Whether the wife's entitlement to maintenance is hit by Section 125(4) of the Criminal Procedure Code? 3. Whether the maintenance should be granted from the date of application for both the wife and the child?
Ratio Decidendi: 1. The husband's failure to disclose his income and his ability to earn sufficient means justified the Family Court's inference that he had the capability to maintain his wife and child. 2. The wife did not leave the matrimonial home on her own accord, as there was evidence of matrimonial discord and the husband did not make any effort to bring her back. Therefore, her entitlement to maintenance was not hit by Section 125(4) of the Criminal Procedure Code. 3. The maintenance should be granted from the date of application for the wife and from the date of impleadment for the child, as the child was not born on the date of the application.
Final Decision: The revisional application was dismissed, and the Family Court's order was affirmed, with a modification that the maintenance for the wife would take effect from the date of filing the maintenance application and for the child from the date of his impleadment.
JUDGMENT :
Bivas Pattanayak, J.
1. This Revisional Application has been filed by the petitioner-husband under Article 227 of the Constitution of India challenging the judgment dated 18th August, 2022 passed by the learned Judge, Family Court at Port Blair in Misc. Case No. 64 of 2018 allowing the application of the opposite party no.1 and 2 under Section 125 of the Criminal Procedure Code directing the petitioner-husband to pay Rs. 6,000/-(Rupees Six Thousand only) per month to the wife and Rs. 3,000/-(Rupees Three Thousand only) per month to the minor child from the date of application and further directed the petitioner-husband to pay arrear maintenance in 10 (ten) equal instalments along with maintenance for current months.
2. The brief fact of the case is that the opposite party no.1 was married to the petitioner on 9th April, 2018 and after such marriage, both the petitioner and opposite party no.1 resided in the matrimonial home at Middle Point, Port Blair, where the marriage was duly consummated. After passage of few days of marriage the relationship between the parties started to turn sour. It is alleged that the husband used to suspect the wife of having illicit relationship. The mother of the petitioner-husband asked the opposite party no.1-wife to visit her parents’ house and accordingly, on 20th May, 2018, the opposite party no.1-wife was taken to her parents’ house by the husband and did not go to bring her back. The parents’ of the wife brought her back to the matrimonial home. It is further alleged that the opposite party no.1-wife was tortured in the matrimonial home both physically and mentally. On several occasions there were quarrels between the parties in which wife was assaulted by the husband with fist and blows and PCR was called. In the meantime, the opposite party no.1-wife conceived, however, due to continuous torture it was decided before the women cell that the opposite party no.1-wife will remain with her parents since she was pregnant. On 5th January, 2019, the opposite party no.1-wife gave birth to a male child namely, Vedansh Narayan at G. B. Pant Hospital, Port Blair. The petitioner-husband has neglected and failed to pay any maintenance to opposite party no.1-wife. On the basis of the aforesaid fact, the opposite party no.1-wife filed an application under Section 125 of the Criminal Procedure Code praying for monthly maintenance of Rs. 30,000/-.
3. During the pendency of such application, the opposite party no.1-wife gave birth to a male child on 5th January, 2019. The minor child was impleaded as petitioner no. 2 in the aforesaid application for maintenance on 8th January, 2020 as informed by the learned counsels for respective parties.
4. Upon considering the materials on record and the evidence adduced by the respective parties, learned Family Court allowed the application of the opposite parties under Section 125 of the Criminal Procedure Code and granted maintenance in favour of opposite party no.1-wife of Rs. 6,000/-(Rupees Six Thousand Only) per month and Rs. 3,000/-(Rupees Three Thousand Only) per month in favour of the opposite party no.2-minor child from the date of application and also directed for payment of arrear maintenance as well for current months.
5. Being aggrieved and dissatisfied with the impugned judgment, the petitioner-husband has filed the present revisional application.
6. Mr. Lokesh Chezian N., learned counsel for the petitioner-husband submitted that the opposite party no.1-wife in the proceeding before the Family Court had failed to prove the income of her husband which aspect has not been taken into account by the learned Trial Court. Further the petitioner-husband has meagre or no source of income and as such the order directing for payment is a hardship on him. He further submitted that although the learned Trial Court has framed points for determination as to whether the husband having sufficient means neglected the wife but it has not made any specific finding to th
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
The judgment establishes the principle that a husband's moral duty to provide maintenance to his wife under Section 125 of Cr.P.C. cannot be absolved by the wife's education or earning capacity, and ....
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
A husband is legally obligated to maintain his wife and children under Section 125 Cr.P.C., and claims of financial incapacity must be supported by credible evidence; failure to do so can result in t....
The main legal point established is that a wife is not entitled to maintenance under Section 125 Cr.P.C. if she refuses to live with her husband without sufficient reason.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
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