The obligation of the husband to provide maintenance and the criteria for determining the quantum of maintenance were the central legal points established in the judgment.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revisional application is against an ex-parte order of maintenance in Misc Case No.141 of 2019 dated 17.10.2019 by the Learned 5th Judicial Magistrate, Burdwan Court.

2. Petitioner's case is that she was married to Harun Rasid Sk. on 5th of Jaistha 1416 B.S. as per Muslim Shariat. After one year of such marriage the O.P. as per instigation of his relatives demanded further cash of Rs. 3,00,000/- from the father of the petitioner for purchasing tractor. As the father of the petitioner expressed his inability so the O.P. and his family members started to inflict physical and mental torture upon the petitioner. O.P. used to assault the petitioner everyday because of instigation by his family members. In the mean time the petitioner gave birth to her minor daughter who is presently 5 years of age. After birth of the girl child, the torture upon the petitioner increased. Ultimately on 13.03.2019 at night the petitioner was severely tortured by O.P. and his relatives after snatching away all her Stridhan Properties, they strangulated the petitioner and poured Kerosene oil upon the petitioner under impression that the petitioner has died. Hearing hue and cry, the father of the petitioner and other persons rushed to the place of occurrence and they rescued the petitioner and her minor daughter from there. The petitioner was taken to Hospital for medical treatment. From then the petitioner along with her minor daughter are residing at her father's house. The petitioner has no source of income.

3. The petitioner/wife’s case is that she now works as a maid servant and has got an ex parte interim order in Misc. Case No. 141 of 2019 by the order dated 17.10.2019 passed by the Learned Judicial Magistrate, Burdwan where upon the Learned Magistrate awarded maintenance of Rs. 3,000/-per month to the applicant/petitioner herein along with her minor daughter.

4. It is stated that the opposite party no. 2 is a Government Contractor and has a monthly income of Rs. 40,000/- per month and also has 20 bighas of agricultural land.

5. The petitioner is a thalasamia patient undergoing the treatment at Burdwan Medical College and Hospital, and being a maid servant earns only rupees 1000 per month. The petitioner is now separately living with her minor daughter in her father’s house, having no source of income for her livelihood.

6. Being aggrieved by and dissatisfied with the order passed in Misc. Case No. 141 of 2019 by the Learned Judicial Magistrate, Burdwan, the revision has been preferred praying for enhancement of the amount of maintenance.

7. In spite of due service, there is no representation on behalf of the opposite party/husband.

8. The petitioner has relied upon the judgment in Dr. Arvind Kishore vs Neha Mathur, on 22.09.2022, the Rajasthan High Court at Jodhpur, held:-

“24. This Court further observes, that the judgment impugned was passed, while keeping into consideration the judgment rendered by the Hon'ble Apex Court in the case of Rajnesh v. Neha & Anr. (supra). The judgment relied upon by on behalf of the applicant-husband in K.N. v. R.G (supra) do not render any assistance to his case.

For the sake of brevity, the relevant portion of Rajnesh v. Neha & Anr. (supra) is reproduced as hereunder:-

"Where wife is earning some income The Courts have held that if the wife is earning, it cannot operate as a bar from being awarded maintenance by the husband.

(15 of 16) [CRLMA-243/2022] In Shailja and Anr. v. Khobbanna, this Court held that merely because the wife is capable of earning, it would not be a sufficient ground to reduce the maintenance awarded by the Family Court. The Court has to determine whether the income of the wife is sufficient to enable her to maintain herself, in accordance with the lifestyle of her husband in the matrimonial home. Sustenance does not mean, and cannot be allowed to mean mere survival. In Sunita Kachwaha and Ors. v. Anil Kachwaha (2014) 16 SCC 715 the wife h