A husband is legally obligated to provide maintenance to his wife and minor children if he has sufficient means, regardless of his claimed income.

ORDER

1. The petitioner has filed the present revision petition against order dated 31.5.2023 passed by the learned Principal Judge Family Court, Jammu in a petition under Section 125 of the Code of Criminal Procedure . Such type of order is revisable in terms of Section 19(4) of the Family Courts Act . Since the proceedings before the Family Court have arisen out of the provisions contained in Chapter IX of the Code of Criminal Procedure , as such, a revision petition against the order of Family Court in such cases would qualify to be a criminal revision petition, but the Registry has wrongly given it the nomenclature of civil revision. The Registry is, therefore, directed to change the nomenclature of present petition.

3. Heard learned counsel for the petitioner and perused the record.

4. It seems that the respondents have filed a petition under Section 125 of the Code of Criminal Procedure before the Family Court, Jammu seeking maintenance against the petitioner. In the said petition, the learned Principal Judge, Family Court, Jammu has, vide impugned order dated 31.05.2023, granted interim maintenance in the amount of Rs.40,000/- in favour of the respondents and against the petitioner. The order has been passed after hearing the parties and after analyzing their pleadings.

5. The petitioner has challenged the impugned order primarily on the ground that the amount of interim maintenance granted in favour of the respondents is on a higher side because the total earnings of the petitioner from all sources are only Rs.42000/- per month, as such, it will not be possible for him to pay such a huge amount. It has been contended that while fixing the amount of interim maintenance, the learned Family Court has not considered the income and means of the petitioner.

6. It is a settled law that in order to entitle a wife or minor children to maintenance from the husband/father, it has to be shown that the husband/father, despite having sufficient means, has neglected or refused to maintain them and that the wife is unable to maintain herself. In the instant case, there is no dispute between the parties so far as their relationship is concerned. It is an admitted fact that the petitioner happens to be the husband of respondent No.1 and father of respondents No. 2 an 3 who happen to be minors. It is not the case of the petitioner that respondent No.1 is earning any income. Therefore, so far as legal liability of the petitioner to pay maintenance to the respondents is concerned, the same is not in dispute. The only question is the quantum of maintenance which the petitioner is legally obliged to pay to the respondents.

7. In the instant case, the petitioner, in his affidavit of assets and liabilities, has indicated that he is a graduate holding a PG diploma in Business Administration from the UK. It is also indicated in the affidavit that the petitioner owns two flats in Bangalore fetching rent of Rs.40,000/- per month. Although, it has been contended by learned counsel for the petitioner that the petitioner is presently not working and is not earning any income, yet the fact of the matter remains that the petitioner is a well-qualified person who is capable of earning. It is difficult to accept the contention of the petitioner that he is sitting idle and not earning any income. The affidavit of assets and liabilities furnished by the petitioner also contains a declaration that educational expenses of respondents No. 2 and 3 amount to Rs.16,000/-per month. He has also admitted in the said affidavit that he owns a share in the ancestral property and that respondent No.1, along with her children, is staying in a rental accommodation.

8. Keeping in view the expenses that are required to be incurred for taking care of the studies of respondents No. 2 and 3, who are school-going children, as also the rental expenses in respect of the accommodation in which the respondents are presently residing, an amount of Rs.40,000- per month that has been awarde