Court confirmed discretion under Section 125 Cr.P.C. allows awarding maintenance from the application date due to the petitioner's neglect of financial obligations towards wife and child.

ORDER :

MANEESH SHARMA, J.

In S.B. Criminal Misc(Pet.) No. 2469/2025

1. The present criminal misc. petition has been filed assailing the order dated 07.03.2025 passed by learned Addl. Session Judge No.1, Nagaur whereby the revision petition filed by the petitioner-husband has been rejected and the order dated 20.05.2024 was affirmed, wherein the petitioner-husband was directed to pay the maintenance to the respondents (wife and son) to the tune of Rs.15,000/- (Rs.8,000/- to the respondent No.1-Anuradha and Rs.7,000/- to the minor son Vansh) from the date of filing the application i.e. on 05.05.2015.

2. The brief facts of the case are that on 05.05.2015 the respondents filed an application for grant of maintenance under Section 125 Cr.P.C. while stating that the marriage between the parties was solemnized on 23.11.2010 and out of their wedlock a son, namely Vansh (respondent No.2 herein) was born on 16.10.2011. Thereafter, due to various atrocities inflicted by the petitioner-husband, the respondent-wife has been living separately since 2015. In the application filed under of Cr.P.C., the respondent wife has asserted that the husband is earning more than Rs.40,000/- per month but neglects/refuses to maintain the respondents (wife and son), and the respondents are not having any source of income and are unable to maintain themselves, therefore, they may be awarded maintenance @ Rs.26,000/- per month.

3. The said application for maintenance was contested by the petitioner-husband by way of filing reply dated 08.09.2015, wherein the petitioner-husband has admitted the fact of marriage but denied the averments qua the respondents are entitled for maintenance of Rs.26,000/- per month. It was pleaded that the petitioner husband is earning Rs.6,475/- only and not Rs.40,000/- as claimed, it was also pleaded that the respondent-wife is well qualified (M.A.) and earns about Rs.12,000/- per month by working as a teacher in a private school, and that she had left her matrimonial home out of her own will, and that the petitioner- husband has not deserted her, therefore, she is not entitled to seek maintenance as claimed and prayed for dismissal of the application.

4. Thereafter the respondent-wife filed a rejoinder dated 08.12.2015 wherein she denied the averments made by the petitioner-husband in the reply and stated that the petitioner-husband has not filed true and accurate salary slips.

5. On the basis of the pleadings of the parties, learned Court below framed four issues:

6. In order to substantiate the averments made in the application under Section 125 Cr.P.C., the respondent-wife examined herself AW-1 and exhibited 23 documents (P/1 to P/23). Per contra the petitioner-husband examined himself as NAW-1.

7. After hearing the arguments of the respected parties, the learned Court below decided all four issues in favour of the respondent-wife and allowed the application under Section 125 of Cr.P.C. and directed the petitioner-husband herein to pay Rs.8,000/- to respondent No.1-Anuradha (wife) and Rs.7,000/- to respondent No.2 (the minor son-Vansh), it was also directed that the aforesaid amount of maintenance was to be paid from the date of filing of the application i.e. w.e.f. 05.05.2015.

8. Being aggrieved of which both the parties preferred two separate revision petitions bearing Nos.24/2024 and 26/2024; wherein the learned Revisional Court, after careful examination of pleadings and evidence so led by the respective parties, vide impugned order dated 07.03.2025 dismissed both the revision petitions on the ground that the amount of maintenance so awarded can neither be said to be inadequate nor can it be said to be