Maintenance under Section 125 CrPC upheld post-divorce alimony; husband's duty persists for wife's dignified sustenance per marital status, based on income evidences and family needs.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Cr. Revision No.1036 of 2023

1. In this petition, the wife has approached this Court for enhancement of maintenance amount allowed by the learned Family Court, Ranchi in Original Maintenance Case No. 89 of 2015 in view of that the challenge has been made in the present petition of order dated 21.02.2023 passed in the said Original Maintenance Case whereby the learned court has directed the sole opposite party to pay the composite sum of Rs.24,000/- per month from the date of application under section 125 Cr.P.C.

Cr. Revision No.570 of 2023

2. The husband has challenged the said order for quashing of the order passed by the learned Family Court, Ranchi, in Original Maintenance Case No.89 of 2015.

3. The learned counsel for the petitioner submits that the marriage between the petitioner and the opposite party was solemnized on 27.06.1985 according to Hindu rights and customs at Danapur, Patna, in presence of the relatives and friends and well wishers and the family members and that was arranged marriage and they were living happy married life. At the time of marriage, the husband has completed his MBBS degree and was doing internship and husband has also did his M.D in Medicine and the wife has completed her B.Ed after her marriage and in this way, they were living their happy married life. He next submits that after sometime the husband has qualified in Bihar Public Service Examination and has joined Government job and he took the leave and went Saudi Arabia along with the wife and stayed there for six years and at that place, the relationship between the husband and wife was not cordial and thereafter the problem started. He next submits that the cause of action has arisen in the year 2006 with the wife had to leave the house of her husband and has continued till filing of the petition and many times both have entered in hot altercation and the husband has passed degrading remarks against his wife and at one time, the husband has become so angry that he has slapped her wife and, in that situation, the wife has left the matrimonial house and she was pulling her life somehow. He then submits that after sometime, the wife has again come back to Patna to meet her family members, especially, her daughters, but the situation was completely changed and the children were brain-washed and they were reluctant to live along with their mother and she has finally come to Ranchi for residing without any help from her husband. In the months of February, 2014, the elder daughter namely, Snehi has got married and, in that ceremony, the wife was not invited to attend the marriage. Lastly, the wife has taken the matter to the Mahila Aayog, Ranchi, for maintenance against the opposite party/ husband on 07.04.2014 but the husband even did not bother to appear before the investigating officer in spite of the registered notice and thereafter the Mahila Aayog has suggested the wife to raise the matter before the appropriate forum and in that background, the wife has filed the petition under section 125 Cr.P.C in the Family Court, at Ranchi.

4. Learned counsel for the petitioner further submits that the husband is a renowned neuro physician at Patna having his clinic named, Bir Bharti Clinic at Saidpur Nala, near Rajendra Nagar Stadium, Patna and his monthly income is more than 3 lacs and, in this background, she has prayed, in that petition to grant maintenance of Rs.60,000/- per month to her.

5. Learned counsel for