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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUBHASH CHAND, J.
Rudra Narayan Ray, son of late Dr. Prasanta Ray – Appellant
Versus
Piyali Ray Chatterjee, wife of Sri Rudra Narayan Ray – Respondent
Criminal Revision No.172 of 2022
Decided on : 22-01-2024
MAINTENANCE - CRIMINAL REVISION UNDER SECTION 125 OF CRPC - Section 125 of the Code of Criminal Procedure, Section 10 of the Hindu Marriage Act - The court discussed the provisions of Section 125 of the CrPC, which allows a wife to claim maintenance from her husband if she is unable to maintain herself. The court interpreted the requirement for a wife to reside with her husband unless there is sufficient cause for refusal, as outlined in Section 125(4). The court also referenced Section 10 of the Hindu Marriage Act regarding judicial separation. The court's decision was influenced by the wife's refusal to live with her husband and her demand for separation from his elderly family members, which was deemed unreasonable.
Fact of the Case:
The petitioner, Rudra Narayan Ray, challenged the Family Court's order directing him to pay maintenance to his wife, Piyali Ray Chatterjee, and their son. Piyali alleged mental and physical torture due to dowry demands and left the matrimonial home, while Rudra claimed she left voluntarily due to her refusal to care for his elderly relatives.
Finding of the Court:
The court found that Piyali left the matrimonial home of her own accord and that her allegations of dowry demands were not substantiated by credible evidence. The court concluded that her refusal to live with her husband and his family constituted sufficient grounds for denying her maintenance under Section 125(4) of the CrPC.
Issues: 1. Whether the wife refused to live with her husband without sufficient cause? 2. Whether the quantum of maintenance awarded was disproportionate to the husband's income?
Ratio Decidendi: The court held that a wife's refusal to live with her husband and her insistence on separation from his elderly family members without justifiable reasons can be considered as a refusal to cohabit, which negates her claim for maintenance under Section 125 of the CrPC. The court also noted that the husband had sufficient means to provide for his son, leading to an increase in the maintenance amount for the child.
Final Decision: The court partly allowed the revision, setting aside the maintenance order for the wife while increasing the maintenance for the minor son from Rs. 15,000 to Rs. 25,000 per month.
JUDGMENT :
SUBHASH CHAND, J.
1. This Criminal Revision has been preferred against the impugned order dated 21.01.2022 passed by the learned Principal Judge, Family Court, Dumka in Original Maintenance Case No.66 of 2018, whereby the learned Court below has allowed the petition filed on behalf of the opposite party Nos.2 and 3 under Section 125 of the Code of Criminal Procedure and directed the petitioner-husband to pay a sum of Rs.30,000/-per month to the opposite party No.2-wife and Rs. 15,000/-per month to the opposite party No.3-minor son Punya Prasoon Ray with effect from the date of institution of the case.
2. The brief facts leading to this Criminal Revision are that the maintenance application under Section 125 of the Code of Criminal Procedure was filed on behalf of the petitioner-Piyali Ray Chatterjee with these allegations that she is legally wedded with Rudra Narayan Ray and her marriage was solemnized on 11.05.2013 at Durgapur according to Hindu rites and rituals and, thereafter, the said marriage was also registered. Out of the wedlock, the couple was blessed with a child, who is aged 4 years 3 months, namely, Punya Prasoon Ray. The petitioner was not treated properly after marriage when the petitioner went to her sasural after marriage. The mother-in-law made comment that the father of the petitioner had not given more dowry as her son was the doctor. The respondent and his mother began to create pressure upon the petitioner for demand of Rs.5 lakhs on account of the same, the petitioner was mentally shocked. The petitioner-wife became pregnant and was leading the life in mental agony being much frustrated with her future. The respondent-husband all the time used to say to go to father’s house and shall not allow her to reside with him. For this reason, the petitioner-wife left the in-law’s house on 09.06.2018 and went to her parental house at Maluti. The respondent along with his mother came to Maluti on 26.08.2018 and began to quarrel with the father of the petitioner because the demand was not fulfilled. There had been hulla on account of the quarrel. The persons of the locality came and saw the occurrence. The respondent-husband and his mother both fled away from there after having criminally intimidated her. The respondent had deserted the petitioner without any proper cause. The petitioner is having no source of income to maintain herself and her minor children while the respondent-husband has landed property at Bankura, a flat at Kolkata, from which, he gains Rs.50,000/-per month as rent. He gets Rs.1,50,000/-as salary and also gains Rs.2,00,000/-per month from the pathology clinic. His mother gets Rs.50,000/-per month family pension, as such, total income of the respondent-husband is Rs.4,50,000/-per month. Accordingly, prayed for Rs.40,000/-per month for her maintenance and Rs.20,000/-per month for maintenance of her son.
3. On behalf of the respondent-husband, written statement was filed, in which, it has been stated that the petitioner has filed the maintenance application after having suppressed material facts. The averments made in paragraph Nos.2(a), 2(b), 3, 4, 5(a), 5(b) and 5(c) in maintenance application are denied by the petitioner and it has been stated that the respondent is the only male member in his family. His mother being aged 72 years old with various serious ailment like blood sugar with hyper tension for last 20 years and maternal grandmother being aged about 93 years under bed ridden condition wherein after marriage the respondent was included with them as the exclusive newly married housewife. The problem was created by the petitioner from initial stage after the marriage as after entry in her matrimonial home the respondent in her every casual attitude, posture and gesture showed reluctance and disguised in disturbing common responsibility towards the petitioner or the other two old fellows. In the year 2013, the petitioner expressed her declined attitude towards the management with th
A wife who refuses to live with her husband without sufficient cause is not entitled to maintenance under Section 125 of the CrPC, and the court has the discretion to modify maintenance amounts based....
The husband has a statutory duty to maintain his wife and child under Section 125 Cr.P.C., and claims of insufficient income must be substantiated with credible evidence.
A wife is not entitled to maintenance under Section 125 of the CrPC if she is living separately from her husband without sufficient reason, while the obligation to maintain children remains absolute.
The main legal point established is that under section 125 of the Code of Criminal Procedure, a spouse who is capable of maintaining themselves may be denied maintenance allowance, but the responsibi....
A wife who voluntarily separates from her husband without sufficient cause is not entitled to maintenance under Section 125(4) of the Code of Criminal Procedure.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
A husband is legally obligated to maintain his wife and children under Section 125 Cr.P.C., and claims of financial incapacity must be supported by credible evidence; failure to do so can result in t....
The husband has a legal obligation to maintain his wife and children, regardless of his employment status, to prevent destitution.
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