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IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Daya Chaudhary
Crl. Revn. No. 365 of 2016
Chanchal Mehta
v.
Supriya Mehta
{Decided on 29/01/2016}
(B) Criminal Procedure Code, 1973, S.125--Maintenance--Appropriate maintenance commensurate with the needs of wife keeping in view the paying capacity of her husband legitimate right of the wife, which should not be denied-- 2014(2) Law Herald (P&H) 1312 relied upon. (Para 13)
(C) Criminal Procedure Code, 1973, S.125--Interim Maintenance--Object is to prevent vagrancy, destitution and protect women and children whether legitimate or not and provide speedy remedy--Trial Court granted Rs.20,000 per month as maintenance to wife--Husband is serving in a private company and earning handsome amount--Interim maintenance granted cannot be said illegal--Order upheld. (Paras 14 & 15)
Certainly. Based on the provided legal document, here are the key points:
The wife’s high qualification and earning capacity do not automatically disqualify her from claiming maintenance. The legal requirement focuses on her inability to maintain herself, not her potential to earn (!) (!) (!) .
The expression ‘unable to maintain herself’ in Section 125 Cr.P.C. emphasizes her inability to sustain her standard of living, rather than her capacity to earn. The law does not consider potential earning capacity as a disqualifying factor (!) (!) (!) .
A wife with professional qualifications and earning potential can still be entitled to maintenance if she proves her inability to maintain herself, especially if she lacks sufficient income at the time of claim (!) (!) .
The purpose of Section 125 Cr.P.C. is to provide a speedy remedy to support women and children in need, preventing vagrancy and destitution, regardless of her earning capacity (!) (!) .
The court considers the husband's income and financial capacity when determining interim maintenance, and a reasonable amount can be awarded based on his earning capacity and the needs of the wife (!) (!) (!) .
The fact that the husband is earning a substantial income does not automatically negate the wife’s claim for maintenance if she demonstrates her inability to maintain herself at that time (!) (!) (!) .
The law emphasizes that the wife’s need and her inability to maintain herself are primary considerations, not her potential earning capacity or qualifications alone (!) (!) .
The legal framework aims to prevent destitution and vagrancy, ensuring that women and children are provided with necessary support promptly, without requiring absolute destitution as a precondition (!) (!) .
An order for interim maintenance considers the financial circumstances of the husband, the needs of the wife, and the purpose of the legislation to provide immediate relief (!) (!) .
The court’s decision to grant interim maintenance is based on the evidence of the wife’s dependency and the husband's ability to pay, rather than solely on her professional qualifications or earning potential (!) (!) (!) .
Please let me know if you need a detailed analysis or further assistance.
Mrs. Daya Chaudhary, J.:- Petitioner-Chanchal Mehta has filed the present revision petition to challenge order dated 17.12.2015 passed by Chief Judicial Magistrate, Fazilka, whereby, the respondent has been granted interim maintenance at the rate of Rs. 20,000/- per month from the date of filing of the application.
2. Briefly, the facts of the case as made out in the present petition are that the marriage of the petitioner and respondent was solemnized on 21.1.2006. Both the parties remained together and out of the said wedlock one female child was also born, who is at present residing with the petitioner. After passage of some time, differences arose between the parties and they were not able to pull on their matrimonial life. Respondent-wife filed a petition under Section 125 Cr.P.C. for grant of interim maintenance to the tune of Rs. 60,000/- per month from the date of filing of the application stating therein that she had no source of income and was unable to maintain herself. The petitioner-husband was stated to be earning handsome salary i.e. more than Rs. 18 lacs per annum besides other allowances and having no liability as his father was retired employee from Bharat Heavy Electricals, Ranipur (Haridwar). Reply to the application was filed stating therein that the maintenance petition was filed by the wife as the petitions for grant of custody of the child as well as divorce were pending. It was also stated in the reply that respondent-wife being professionally qualified could earn handsome salary for her livelihood and hence was not entitled for any maintenance. After hearing both the parties and considering their contentions, the petition filed by respondent-wife was allowed on 17.12.2015 by passing the following order:-
“It is admitted fact on file that the applicant is legally wedded wife of respondent. The applicant has specifically averred in her application that she is household lady and she has no source of sufficient or independent income. To rebut the contentions of applicant the respondent has stated that she has professional qualifications and can earn a handsome amount for her livelihood to live a better life. But the respondent has not placed on record any material document in support thereof. Therefore, at this stage it is difficult to believe that the applicant is having sufficient source of income to maintain herself in the absence of any reliable document. Therefore, the applicant is entitled for interim maintenance from her husband being fully dependent upon the income of her husband. The respondent is also under moral and legal obligation to maintain her wife.
Now, the question arises as to the amount of maintenance. The applicant has specifically mentioned that, the respondent is serving in Orange Business Services and is earning Rs. 18,00,000/- per annum besides other allowances. Whereas the respondent admitted that at present he monthly earned Rs. 1,10,000/- per month from private job after deduction of taxes. He also averred that he has to spent huge expenditure on the litigations filed by the applicant. Therefore, this court is of the opinion that the respondent is having sufficient earnings to maintain the applicant. Keeping in view of the monthly income of the husband and further considering that he has already filed the divorce petition against the present petition. It seems that the respondent himself is not willing to join the company of the applicant at this stage. Accordingly, I deem it fit to grant interim maintenance @ Rs. 20,000/- per month to the applicant.
In view of my above discussions, the application in hand is allowed in the manner that the applicant is granted interim maintenance @ Rs. 20,000/- per month from the date of filing the application. The respondent is directed to make the payment of arrears of maintenance within 30 days from the passing of this order. The application in hand is disposed of accordingly.”
3. Now the present revision petition has been filed by t
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