The entitlement to maintenance under Section 125 Cr.P.C. and the consideration of financial constraints in determining the maintenance amount.

JUDGMENT :

Heard Mr. A. Alim Sk, learned counsel for the petitioner. Also heard Mr. A. Bhattacharyya, learned counsel appearing for the respondent No.2 and Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for respondent No.1.

2. In this petition, under Section 401, read with Section 397 of the Code of Criminal Procedure, the petitioner Mr. Iyanur Haque has put to challenge the judgment and order dated 29.09.2022 passed in F.C.(Crl.) No.147/2021 by the learned Principal Judge, Family Court, Barpeta. It is to be noted here that vide impugned judgment and order, the learned Court below has directed the petitioner to pay a sum of Rs.6,000/- per month being the maintenance to the respondent No.2 Smt. Enuwara Begum, under Section 125 Cr.P.C.

3. The background facts leading to filing of the present criminal revision petition is briefly stated as under:-

“The petitioner herein got married with the respondent No.2 on 09.03.2017, and after few days of the marriage, marital discord surfaced between them. The petitioner, on being instigated by his family members, used to subject the respondent No.2 to cruelty, and thereafter, the petitioner took the respondent No.2 to his place of posting at Bilasipara and there also he subjected her to both physical and mental cruelty demanding a sum of Rs.10 lakhs, one car, washing machine, etc. from her parental home. The respondent No.2 could not met the demand of the petitioner and therefore, the petitioner intensified the cruelty upon the respondent No.2 day by day, and on 06.06.2018, the petitioner and his family members attempted to set her fire by pouring kerosene on her person. But, somehow she managed to escape and since then she has been taking shelter in her parental abode. The petitioner has neither enquired about her wellbeing nor provided any maintenance to her and she has no source of income so as to maintain herself and depending upon her parents for two square meal a day.

On the other hand, the petitioner has been serving as a school teacher and he has also cultivable land and his monthly income is about Rs.60,000/- to Rs.70,000/-. Therefore, the respondent No.2 has instituted a proceeding under Section 125 Cr.P.C. before the learned Principal Judge, Family Court, Barpeta.

The petitioner had contested the petition filed by the respondent No.2, by filing written statement, wherein he denied subjecting her to any physical and mental cruelty demanding dowry. His pleaded case was that the respondent No.2 used to pick up quarrel with him without rhyme or reason and also she objected in sending money to his parents and on 06.06.2018, while he was in his bathroom, the respondent No.2 left for her parental abode without any intimation to him, and thereafter, he had visited the parental home of the respondent No.2 to take her back, but she refused to continue conjugal life with him, and thereafter, she had instituted on C.R. Case No.484/2018, under the Domestic Violence Act, wherein the learned SDJM(S), Barpeta has directed the petitioner to pay interim maintenance @Rs.1,500/- per month. It is the further case of the petitioner that he is unable to pay the aforesaid amount of maintenance and therefore, it is contended to dismiss the petition.

Then after hearing learned advocates of both the parties and also considering the materials placed on record, the learned Principal Judge, Family Court, Barpeta, has directed the petitioner to pay maintenance @Rs.6,000/- per month.”

4. Being aggrieved by the judgment and order of the Family Court dated 29.09.2022 passed by the learned Principal Judge, Family Court, Barpeta, the petitioner approached this Court by filing the present petition primarily on the ground that respondent No.2 has suppressed the pendency of the C.R. Case No.484/2018 in F.C.(Crl.) No.147/2021 as required by a decision of the Hon’ble Supreme Court in Rajnesh Vs. Neha & Anr. reported in (2021)2 SCC 324 and the learned SDJM(S), Barpeta vide order dated 25.11.2022 in C.R. Cas