IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Priya Mishra – Petitioner
Versus
Ram Binod Jha – Respondent
Cr. Revision No. 304 of 2019
Decided On : 11-08-2023
Criminal Procedure Code,1973 - Section 125 – Maintenance - Application against the judgment - Held, it is clarified that amount which has been already paid to the petitioner-Wife by way of interim maintenance and/or by order passed by any Court, shall be deducted from the arrear amount - It has been informed by opposite party that rupees twenty lakhs have been deposited before the learned Family Court and from there wife is receiving interim maintenance/final maintenance fixed by family court - It is made clear that the O.P. - Husband shall withdraw whatever amount remaining from learned family Court but he shall pay arrear amount to the petitioner wife within a period of four months from today and in no case - instant application stands disposed of.
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant revision application is directed against the judgment dated 28th January, 2019 passed by the learned Principal Judge, Family Court, Bokaro in Original Maintenance Case No. 81 of 2015 filed by the petitioner under Section 125 Cr.P.C. whereby the learned Family Court has allowed a maintenance of Rs. 30,000/- per month in favour of the petitioner-wife against her claim of Rs. 60,000/- per month.
3. The case of the petitioner as it appears from the plaint is that her marriage with the O.P. was solemnized on 01.05.1985 as per Hindu rites and custom at Hajipur, Bihar. After marriage, they lived together as husband and wife and out of their wedlock, they have been blessed with one daughter namely Priyanka Jha on 30.03.1987 and one son named Rishav Kumar on 16.04.1993.
The further case of the petitioner is that they lived together as husband and wife for a limited period and thereafter the O.P. started quarrelling with her for no reasons, whatsoever, and started taunting her by saying that he is a meritorious engineer, graduated from a reputed institute, employed in a senior position and he is a wealthy person and she had not brought sufficient dowry during their marriage.
It is further alleged that on 17.01.1993 when she was pregnant, he abused her and her parents in vulgar language and assaulted her mercilessly only because she wanted to continue her studies and pursue M.A. and since then physical torture and merciless beating has become routine matter and he used to assault her on every now and then without any reason.
It is also alleged that a woman was staying in O.P.'s house in his native place, Narikala and on questioning about the same, the O.P. became more arrogant and abused her in vulgar language and assaulted her causing bleeding injuries. The O.P. does not let her visit their native place at Narikala and has always tried to block all her connections with the people.
It is further alleged that when her father died on 10.03.2013 and while she was away in her native place to attend her father's funeral at Hajipur, the O.P. had changed the lock of their residence at Bokaro and absconded.
It is further stated that the O.P. is a Senior Manager in Bokaro Steel Limited, getting Salary of Rs. 1,50,000/- per month. He also earns Rs. 50,000/- per month from house rent and he has also income of Rs. 10,000/- per month from his ancestral properties.
It is further alleged that she tried her level best for getting maintenance from the O.P. but all her efforts went in vain. She has no source of income and she is on the verge of starvation; whereas the O.P. is earning more than Rs. 2,00,000/- per month. Therefore, the Opposite Party be directed to pay Rs. 60,000/- per month towards her maintenance allowances.
4. On the other hand, the O.P. appeared and filed his show-cause before the family court denying all such allegations and stating inter-alia that the petitioner is his legally married wife and the instant maintenance case has been filed by the petitioner with mala-fide intention only to harass him.
It is also stated in the written statement that he had given Rs. 50,000/- through bank account to Priyanka Jha for the treatment of the petitioner and earlier Doctor had advised the petitioner not to take rich diet and fast food but she did not care. It is also stated that he handed over the entire responsibility of household affair to the petitioner by giving her required amount of money to manage her household expenditure freely and comfortably as because he loves her. It is also stated that father of the petitioner died on 10.03.2014 when he had gone to Allahabad on 08.03.2014 to see Kumbh Mela. Thereafter, he attended funeral rituals and Sharadh karma of his father-in-law.
It is also stated that he has taken huge loan of Rs. 35,00,000/- for the study of his daughter and Rs. 15,00,000/- for study of his son and he has also to pay P.F. loan, Co-operative loan etc. He
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The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
The obligation of the husband to provide maintenance and the criteria for determining the quantum of maintenance were the central legal points established in the judgment.
The main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
The main legal point established is the consideration of financial capacity, entitlement to maintenance despite earning, and the factors for determining maintenance as per Rajnesh Vs Neha.
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