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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Supriya Pramanik – Petitioner
Versus
Tapan Pramanik – Respondent
CRR No. 408 of 2020
Decided On : 28-03-2024
Maintenance - Family Law - The court modified the maintenance amount granted by the Magistrate to the wife and daughter, based on the guidelines laid down by the Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324.
Fact of the Case:
The parties were married in 2004, and the wife was driven out in 2017 after 13 years of marriage. The husband admitted his income to be Rs. 30,000 per month, but the wife claimed it to be Rs. 40,000 per month. The Magistrate granted monthly maintenance of Rs. 3,000 to the wife and Rs. 2,000 to the daughter based on the husband's admitted income.
Finding of the Court:
The court modified the maintenance amount to Rs. 5,000 each for the wife and daughter, totaling Rs. 10,000 per month, as the Magistrate's decision was not proportionate to the admitted income, following the guidelines laid down by the Supreme Court.
Issues: Application under Section 125 Cr.P.C. for maintenance. Dispute over the husband's income and the proportionality of the maintenance amount granted.
Ratio Decidendi: The court modified the maintenance amount based on the guidelines laid down by the Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324, as the Magistrate's decision was not proportionate to the admitted income of the husband.
Final Decision: The court modified the maintenance amount granted by the Magistrate and disposed of the case, allowing the parties to take recourse to appropriate provisions of law if aggrieved with the amount of maintenance granted or if there are any changes in circumstances.
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revision has been preferred against an order passed by the Learned Additional Chief Judicial Magistrate, Diamond Harbour, dated 22nd October, 2019 in Miscellaneous Case No. 562/2017, CIS Number 479/2017 disposing of the application under Section 125 Cr.P.C. finally.
2. Though the Opposite Party was being represented, they failed to appear at the time of final hearing.
3. The parties were married in the year, 2004. It is alleged that she was driven out on 13.12.2017 (after 13 years of marriage). They have a daughter out of the said wedlock, who now resides with the petitioner/wife in her parent’s house.
4. The marriage and the paternity of the child is admitted.
5. The income of the Opposite Party/husband is admitted to be Rs. 30,000/- per month, but the petitioner/wife states that it is Rs. 40,000/-
6. The Learned Magistrate accepting the income of the Opposite Party/husband to be Rs. 30,000/ per month allowed the application under Section 125 Cr.P.C. granted monthly maintenance of Rs. 3,000/- per month to the petitioner and 2,000/- per month to the daughter.
7. An exhaustive guidelines for deciding a case of maintenance has been laid down by the Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324.
8. The Opposite party/husband/father has admitted his income to the extent of Rs. 30,000/- per month.
9. There were no affidavits of assets filed in this case as it was disposed of in 2019.
10. Thus in view of the guidelines as laid down by the Apex Court the amount of maintenance granted by the Magistrate is prima facie not proportionate to the admitted income and accordingly, the same is enhanced to Rs. 5,000/- each for wife & daughter , Total Rs 10,000/- per month.
11. The order dated 22nd October, 2019 in Miscellaneous Case No. 562/2017, passed by the Learned Additional Chief Judicial Magistrate, Diamond Harbour, is modified to the said extent.
12. Rest of the order remains unchanged.
13. The parties are at liberty to take recourse to appropriate provision of law in case of being aggrieved with the amount of maintenance granted and if there be any change of circumstances.
14. CRR No. 408 of 2020 is accordingly disposed of.
15. The order passed by the Learned Additional Chief Judicial Magistrate, Diamond Harbour, dated 22nd October, 2019 in Miscellaneous Case No. 562/2017, disposing of the application under Section 125 Cr.P.C. finally, is modified to the above extent.
16. All connected applications, if any, stand disposed of.
17. There will be no order as to costs.
18. Interim order, if any, stands vacated.
19. Copy of this judgment be sent to the learned Trial Court for necessary compliance.
AI
The court's decision was influenced by the guidelines for deciding maintenance cases laid down by the Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324, which emphasized proportionality....
Maintenance must be determined based on verifiable evidence of income and existing financial liabilities. Courts are legally obligated to consider and adjust maintenance awards against existing payme....
Interim maintenance awarded must reflect the living circumstances of the family and the income of the husband, adhering to the framework established under section 125 of the Code of Criminal Procedur....
The main legal point established in the judgment is the husband's obligation to provide financial support to the wife and minor children, as per the provisions of Section 125 of the Cr.P.C., and the ....
The main legal point established is the consideration of financial capacity, entitlement to maintenance despite earning, and the factors for determining maintenance as per Rajnesh Vs Neha.
Maintenance can be awarded for children in utero under Section 125, provided legal criteria and evidence are sufficiently met.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The husband has a legal and moral responsibility to provide maintenance to his wife and children, and the court must consider various factors, including the parties' status and income, in determining....
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