The obligation of the husband to provide maintenance stands on a higher pedestal than the wife, and the standard of living enjoyed by the wife during the marriage must be maintained by the husband even after the marriage ceases to exist.

JUDGMENT :

1. This Criminal Misc. Application under Section 482 Cr.P.C. has been preferred claiming the following prayer:-

“It is, therefore, most respectfully prayed that this Hon’ble Court that may be pleased to:

(a) Misc. Application and set aside the Order dated 26.05.2022 passed by this Hon’ble Court;

(b) to pass any others orders as this Hon’ble Court deems fit and proper in view of the above mentioned facts and circumstances of the present matter so as to be in the interest of justice as well as in the interest of the applicant.”

2. The present application has been preferred on behalf of the applicant (respondent in the above-numbered criminal revision petition), assailing the judgment passed by this Court on 26.05.2022, whereby this Court, while upholding the order impugned therein, as passed by the learned Family Court No.2, Bikaner, enhanced the maintenance payable by the applicant to the non-applicants (petitioners in the above-numbered criminal revision petition), from Rs.50,000/- to Rs.75,000/- to the non-applicant No.1/wife and from Rs.20,000/- to Rs.25,000/- to their minor son (non-applicant No.2).

3. At the outset, the learned counsel appearing on behalf of the applicant-husband, drew the attention of this Court to the judgment rendered by the Hon’ble Apex Court in the case of Sanjeev Kapoor v. Chandana Kapoor & Ors. (2020) 13 SCC 172, with regard to the maintainability of the present application.

Relevant portion of the said judgment is reproduced as hereunder:-

“Section 127 Code of Criminal Procedure also discloses the legislative intendment where the Magistrate is empowered to alter an order passed Under Section 125 Code of Criminal Procedure Sub-section (2) of Section 127 Code of Criminal Procedure also empower the Magistrate to cancel or vary an order Under Section 125. The Legislative Scheme as delineated by Sections 125 and 127 Code of Criminal Procedure as noted above clearly enumerated the circumstances and incidents provided in the Code of Criminal Procedure where Court passing a judgment or final order disposing the case can alter or review the same. The embargo as contained in Section 362 is, thus, clearly relaxed in proceeding Under Section 125 Code of Criminal Procedure as indicated above.”

(emphasis supplied)

4. Learned counsel for the applicant further submitted that both the spouses, the applicant (husband) and non-applicant No.1 (wife) herein, filed two separate revision petitions against the order passed by the learned Family Court No. 2, Bikaner whereby the application preferred under Section 125 Cr.P.C. by the non-applicant no. 1 – wife was allowed and a total sum of Rs.70,000/- was awarded the non-applicants; Rs.50,000 to the non-applicant/ wife and Rs.20,000/- to their minor son (non-applicant No.2), who was residing with her. And that, a Coordinate Bench of this Hon’ble Court vide order dated 05.08.2019, while upholding the maintenance sum awarded to the minor son, reduced the maintenance sum awarded to the wife from Rs.50,000/- to Rs.25,000/-. And that, this Court, vide judgment dated 26.05.2022, passed an order enhancing the maintenance of the wife to Rs.75,000/- and that of the minor son to Rs.25,000/-.

5. Learned counsel for the applicant further submitted that a review of the impugned order was sought on the ground that the income of the applicant-husband is subject to certain statutory deductions, and that while the applicant-husband may be earning an income in U.S. Dollars, the same cannot be converted into Indian Rupees to ascertain the quantum of maintenance payable to the wife, owing to the high cost of living of the applicant-husband in the United States of America.

6. Learned counsel for the applicant also submitted that the non-applicant/wife is earning an income of about Rs.85,000/-per months, and that the same was concealed by her not only from the learned Family Court, but also from this Court, with the intention of obtaining favorable orders.

7. Learned counsel for the applicant-husb