PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHALINI SINGH NAGPAL, J.
Ashok Kumar And Others – Appellant
Versus
Veena Rani And Others – Respondent
CRR(F)-449-2023 (O&M), CRR(F)-1036-2024 (O&M)
Decided on : 05-09-2025
JUDGMENT :
Shalini Singh Nagpal, J. (Oral)
1. This common order determines two revision petitions captioned above, both challenging order dated 13.12.2022 of learned Additional Principal Judge, Family Court, Ludhiana, (Camp Court at Payal), deciding the petition under section 127 Cr.P.C. Revisionist in CRR(F)-1036-2024, is seeking modification of the impugned order by enhancement of maintenance allowance to Rs. 20,000/- per month, while the revisionist in CRR(F)-449-2023 prays that the impugned order be set aside.
2. For better appreciation and clarity, the parties shall be referred to as husband and wife.
3. The facts, relevant for disposal of the matters, are that the parties were married on 04.04.1984 according to Hindu Rites and Ceremonies and out of the wedlock, a son Harvinderpal Singh was born. The wife and the minor child filed an application under Section 125 Cr.P.C. in the Court of learned Judicial Magistrate Ist Class, Ludhiana, which was decided on 05.03.1999 and maintenance allowance of Rs. 400/- per month was assessed for the wife and Rs. 300/- for the minor child. On 16.05.2003, the wife and the child filed an application under Section 127 Cr.P.C. for enhancement of maintenance, which was decided on 06.08.2011. During pendency of that petition, the child attained majority and the petition was withdrawn on his behalf. Maintenance allowance of Rs. 400/- per month was enhanced to Rs. 2,000/- per month under Section 127 Cr.P.C., for the wife.
4. On 02.06.2017, another application under Section 127 Cr.P.C. was filed by the wife for further enhancement of maintenance allowance to Rs.20,000/- per month. The husband contested the petition primarily on the ground that he had the liability to maintain and support his ailing father besides other social liabilities and the wife, who had obtained lacs of rupees from him, had enough balance and was earning interest on the same.
5. Parties were invited to lead evidence. The wife examined herself as AW-1 and reiterated her pleaded case on oath. She also examined Surinder Kumar Upper Division Clerk, PSPCL, Malerkotla as AW-2, who brought the salary record of the husband-Ashok kumar working as Junior Engineer in the office. He stated that gross salary of the husband was Rs. 92,661/- and placed on record the salary certificate Ex. P-1.
6. Respondent-husband examined himself as RW-1 and tendered his affidavit Ex. R-1, reiterating his pleaded stand.
7. Learned Additional Principal Judge, Family Court, Ludhiana, after hearing respective counsels and upon appreciation of the evidence led, held the wife entitled to maintenance @ Rs. 15,000/- per month w.e.f. 02.06.2017 till 31.07.2021. Maintenance w.e.f. 01.07.2021 was awarded @ Rs. 10,000/- per month. Petitioner-wife also was awarded litigation expenses of Rs. 11,000/- per month. The petition under Section 127 Cr.P.C. was allowed in part. Aggrieved with the determination, both husband and wife are before this Court.
8. Ms. Vidushi Kumar, Advocate for the husband argued that the wife had, time and again concealed material facts from the Court. She claimed in her cross-examination that she was maintaining her son withholding that he had already attained majority in the year 2003. She also concealed that the husband had already retired in 2021. She falsely stated in her affidavit of assets and liabilities that she had three dependents, through her son was major. It was submitted that the wife conceded in cross-examination that respondent's father was ailing. Her claim that she was living on rent was also per se false in view of her sworn affidavit furnished in the Court according to which she was residing in her parental home. She admitted that 50% salary of the husband was attached by orders of this Court and she had already received Rs. 7,50,000/- in four years. It was argued that the wife was equipped with a Prabhakar degree and was working as a Hindi Teacher till 2019, a fact which she deliberately concealed. In fact, she was mostly residing
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The court emphasized the husband’s duty to maintain an adequate standard of living for his ex-wife and child, reflective of his income and their necessities.
Point of law: Grant of interim maintenance – Determination of quantum of maintenance – Justified
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
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