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2023 Supreme(Jhk) 1498

IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON'BLE MR. JUSTICE SANJAY PRASAD, J.
Sushma Kumari – Petitioner
Versus
Pramod Kumar Roy – Respondent
Cr. Revision Nos. 22, 656 of 2020
Decided On : 24-07-2023

Advocates:
Advocate Appeared:
For the Petitioner: Prashant Pallav.
For the Respondent: Rajesh Kumar,

Headnote:(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance - The Family Court directed the husband to pay a total of Rs.20,000/- per month in maintenance which was challenged for being inadequate - It was decided that a higher maintenance amount would be justifiable based on the husband's income of Rs.2,15,567/- per month - The wife's claim for Rs.35,000/- was deemed reasonable given her financial needs and the standard of living - Maintenance of Rs.15,000/- for the wife and Rs.10,000/- for the daughter was ultimately awarded from the date of filing of the application. (Paras 14, 44, 49)

(B) Maintenance - Quantum determination - The court must consider the actual income and standard of living of both parties in determining maintenance amounts, emphasizing that educated and employed individuals may still be entitled to support. (Paras 44, 48)

Table of Content
1. overview of maintenance claims (Para 1 , 2 , 3)
2. opposing arguments and claims (Para 4 , 5 , 6)
3. evidence presented in court (Para 8 , 14 , 15)
4. legal standards for maintenance awards (Para 42 , 43 , 44)
5. court's final orders on maintenance (Para 49 , 51 , 52)

JUDGMENT :

SANJAY PRASAD, J.

1. Both the Criminal Revision No. 656 of 2020 and Criminal Revision No. 22 of 2020 have been heard together and are being disposed of together as they arise of the common ‘Order’ dated 17.12.2019 passed in Original Maintenance Case No. 229 of 2017 filed under section 125 Cr.P.C by the wife and son (i.e. petitioner in Cr. Revision No. 22 of 2020 and opposite party no. 1 and 2 in Cr. Revision No. 656 of 2020) against the husband i.e. petitioner in Cr. Revision No. 656 of 2020 and opposite party in Cr. Revision No. 22 of 2020 by which the learned Principal Judge, Family Court, Bokaro has directed the husband to pay Rs.15,000/- and Rs.5,000/- total Rs.20,000/- per month to the wife (i.e. petitioner in Cr. Revision No. 22 of 2020 and opposite party no. 1 and 2 in Cr. Revision No. 656 of 2020) with effect from 17.12.2019 i.e. the date of passing of the order.

It has further been directed that the daughter shall be entitled to get the said maintenance amount till her marriage, and interim maintenance ordered by the Family Court on 16.03.2019 is effective till 16.12.2019.

2. The petitioners, who have filed Cr. Revision No. 22 of 2020, are wife and minor daughter of the opposite party challenging the order dated 17.12.2019 passed by the learned Principal Judge, Family Court, Bokaro on the ground of quantum of maintenance amount and both the petitioners i.e. wife and daughter have claimed maintenance amount of Rs.35,000/- per month (Rs.20,000/- for the wife i.e. petitioner no. 1 and Rs.15,000/- for the daughter i.e. petitioner no. 2) instead of Rs.20,000/- per month as at the time of adjudication of the suit opposite party i.e. husband was earning more than Rs.2,15,567/- per month and at the time of filing of the suit the opposite party i.e. husband was drawing salary of Rs.1,33,613/- per month.

3. The case of the petitioners (Cr. Revision No. 22 of 2020), in brief, is that the marriage of the petitioner no. 1 i.e. Sushma Kumari was solemnized with the opposite party i.e. Pramod Kumar Roy on 11.03.2012 as per Hindu rites and custom and out of their wedlock they have been blessed with a daughter, who is petitioner no. 2 i.e. Ananya Roy. The petitioner no. 1 i.e. wife was regularly been harassed physically and mentally by the opposite party i.e. husband for bringing less dowry, although her father had given a sum of Rs.10,00,000/- (Rs. Ten Lakh) at the time of her marriage. The opposite party i.e. husband used to lock her in the flat and assault her without any rhyme or reason. It is also stated that her Educational Certificates have also been taken away by the opposite party i.e. husband and kept secretly, which she could obtain after a hectic search of nearly 20 days. The petitioner no. 1 i.e. wife was compelled to leave her matrimonial home and stay at her sister’s house at Bengaluru and she was doing her job. The opposite party i.e. husband created ruckus at the workplace of the petitioner no. 1 with the sole intention that she may be terminated from the service and he finally succeeded in his ill design but on her request, the management allowed her to work from home whereupon she came to her parents’ home at Chas and was working from there.

It is stated that thereafter, the opposite party i.e. husband tried to pacify the dispute and the petitioner i.e. wife, relying on the words of the opposite party, agreed to live with him to Bengaluru and to join the matrimonial home. However, there was no change in the attitude of the opposite party i.e. husband and he continued to harass and torture the petitioner. On 09.10.2017, the opposite party i.e. husband assaulted her and ousted her from the house. Thereafter, she complained to the Bella

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