The court affirmed the obligation of a husband to provide maintenance to his wife under Section 125 of CrPC, especially when she is unable to support herself due to circumstances arising from the husband's behavior.

Order :

(Arvind Kumar Verma, J.)

1. Heard on I.A. No.02/2025, application for condonation of delay in filing the revision.

2. On due consideration and for the reasons stated in the application, the same is allowed. Delay of 30 days in filing the revision is condoned.

3. This criminal revision has been preferred by the applicant under Section 19(4) of the Family Court Act, 1984 being aggrieved by the order dated 21.08.2024 passed by the learned 1^st Additional Principal Judge, Family Court, Durg, District Durg (C.G.) in Criminal Case No.955/2022 (Annexure A-1), whereby the application under Section 125 of CrPC for grant of maintenance filed by the non-applicant has been partly allowed.

4. Brief facts of this case are that that, the applicant and non-applicant are husband and wife. Their marriage was solemnized in the year, 1983 at Bilaspur according to Hindu rites and rituals. Out of their wedlock, three daughters and one son were born and at present situation the daughters have been already married and son is unmarried. The non-applicant alleged that the applicant is a habitual drinker and used to abuse and assault the non-applicant without any reason. On 16.03.2022, the applicant threw out the non- applicant from his house due to which the non- applicant is residing in a rental house. Thereafter, non-applicant filed an application under Section 125 of CrPC for grant of maintenance before the Family Court, Durg. The applicant filed his reply denying the allegations leveled against him and stated that the applicant did not conduct misbehave and submitted that non-applicant was not interested in household work and non-applicant used to torture the applicant by her cruel behavior. On 07.03.2022, non-applicant had herself left her matrimonial house without any reason. Thereafter, on 18.03.2022, on the request of applicant, non- applicant came back at the matrimonial house, then again on 24.03.2022, non-applicant without any reason left the matrimonial house. It is also submitted by the applicant that he wants to live with non-applicant, but non-applicant without any sufficient reason, has left the matrimonial house. Non- applicant filed an application for grant of maintenance from the applicant. The learned Family Court after perused of records, passed an order of maintenance to grant of Rs. 4000/- per month vide order dated 21.08.2024. Hence, this revision.

5. Learned counsel for the applicant contended that the order impugned dated 21.08.2024 (Annexure A-1) is illegal, invalid, contrary to the law and procedure suffering from illegality and perversity and hence it is liable to be set-aside. He further contended that the non-applicant though alleged that the applicant has tortured from very beginning of their marriage, but she has accepted that no police complaint was made by her. The duration of marriage is about 40 years and after such a long period, false allegation has been leveled against the applicant. He further contended that the learned family Court while awarding maintenance to the non-applicant has failed to appreciate that she has herself left the matrimonial home to live freely, therefore, she is not entitled to get any maintenance. Hence, it is prayed that the Hon’ble Court may kindly be pleased to allow the revision and be pleased to set-aside the impugned order dated 21.08.2024 (Annexure A-1), in the interest of justice.

6. I have heard learned counsel for the applicant and perused the impugned order available on record with utmost circumspection.

7. From perusal of the record of the trial Court, it transpires that the applicant is a Senior Driver in the DPS School, Bhilai and his monthly income is Rs.59,674/- per month and wife of the applicant is an illiterate lady and has no source of income, she is residing in a rental house and she is struggling to support herself, hence, the Family Court awarded the separate maintenance to the non- applicant/respondent under Section 125 of CrPC, applicant is husband of the respondent