A wife is entitled to maintenance unless she leaves the matrimonial home without sufficient cause, underscoring the husband's obligation to support his spouse and children.

JUDGMENT :

Heard Mr. U. Dutta learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent and Ms. A. Baruah, learned counsel for the respondent No. 2.

2. This is an application filed under Section 397 of the Cr.PC read with Section 401 of the said code challenging the Judgment & Order dated 15.09.2023 passed by the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur in Misc. Case No. 43/2022. By the said Order dated 15.09.2023, the petitioner was directed to pay maintenance allowance of Rs. 12,000/- to both the wife and the daughter of the petitioner by segregating the said amount to the tune of Rs. 7,000/- to the wife of the petitioner and Rs. 5,000/- to the minor daughter of the petitioner from the date of filing of the petition.

FACTS

3. The facts of the case are that the petitioner and respondent No. 2 got married on 11.12.2004 and a child was born out of the said wedlock on 23.01.2006. It is the case of the respondent No. 2 that her husband, i.e., the petitioner after her marriage, treated her with cruelty both physically and mentally and quarreled with her after consumption of alcohol and that he used to beat her, squeezed her neck and throws her out of the house at night. It is the further case that the husband of the petitioner, after 7 years of marriage drove out respondent No. 2 from the matrimonial house alongwith her minor child on 24.01.2011 and as such, the respondent No. 2 left to her parental house and further, due to some inconvenience, the respondent No. 2 further left her parental house on 01.12.2019 and was staying at a rented place. It is the pleaded case that the respondent No. 2 had never claimed maintenance for her or to her minor daughter since the day she left her matrimonial house, since she had her own source of income as she was running a restaurant in her name. However, later, she was left with no income and her daughter had also reached Class-X and due to financial hardship, the respondent No. 2 filed an application before the Chief Judicial Magistrate, Lakhimpur, North Lakhimpur claiming maintenance to her and her daughter. The respondent No. 2 had filed the application for maintenance on 13.06.2022. The said application was heard by the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur and the order was passed on 15.09.2023. The learned Magistrate, by the said order had formulated 3 (three) points for determination:-

1). Whether the respondent No. 2 has just and valid reason to live separately.

2). Whether the respondent No. 2 is unable to maintain herself and whether the petitioner having sufficient means has refused or neglected to maintain the respondent No. 2 and her minor daughter.

3). Whether the respondent No. 2 and her minor daughter are entitled to maintenance and if so, what should be the quantum of maintenance.

4. With regard to the first point, the learned Court, after taking evidence of 3 Prosecution Witnesses and 3 Defence Witnesses had observed the following:-

a) Respondent No. 2 and her minor daughter was staying at a rented place and that respondent No. 2 has no income source and that since Section 125 Cr.PC is enacted to protect woman and children from vagrancy and destitution, maintenance is provided for and it is the duty of the husband to maintain the wife and children.

b) Respondent No. 2, by deposing as PW-1 had stated that mental and physical torture was meted on her and due to repeated torture, she had to leave her matrimonial house with her minor daughter on 24.01.2011. The said fact was supported by the other 2 witnesses, i.e.,