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UTTARAKHAND HIGH COURT
Servesh Kumar Gupta, J.
Amjad Ali -Appellant
Versus
Family Judge, Family Court, and Another -Respondent
Criminal Revision No. 20 of 2005
Decided On : 19-4-2012
Interim Maintenance - Family Law - The court confirmed the interim maintenance of Rs. 1,000/- per month to the wife based on the poor financial status of the parties and the husband's disclosed earning. The court also stated that if the trial court found the wife's claim unsubstantial, the confirmed maintenance would be deemed nonest.
Fact of the Case:
The revision was filed against the order granting interim maintenance to the wife. The court reduced the maintenance to Rs. 1,000/- per month and sent the lower court record back due to the proceedings being hampered.
Finding of the Court:
The court found that the revision had become redundant as the main petition was likely adjudicated by then. Considering the poor financial status of the parties and the husband's disclosed earning, the court confirmed the interim maintenance of Rs. 1,000/- per month to the wife.
Issues: The issues involved the reduction of interim maintenance and the financial status of the parties.
Ratio Decidendi: The court considered the means of income of the husband and the poor status of the parties in confirming the interim maintenance to the wife.
Final Decision: The revision was disposed of finally with the observation that the confirmed interim maintenance would be deemed nonest if the wife's claim was found unsubstantial by the trial court.
1. None has turned up on behalf of the revisionist while Sri Bhuwnesh Joshi, Advocate holding brief of Mr. Vivek Shukla, Advocate for respondent no. 2 is present.
2. Having perused the file, it transpires that this criminal revision was preferred against the order dated 08.02.2005 passed by Judge, Family Court, Haridwar granting interim maintenance to the tune of Rs. 2,000/- per month to Nusrat Jahan (wife) against her husband Amjad Ali. This Court vide its order dated 15.02.2005 reduced the maintenance to Rs. 1,000/- per month to be paid by the revisionist regularly and summoned the lower court record. On the request of learned counsel for the revisionist, this Court sent the lower court record back on 24.06.2008 because all the proceedings pending in the court below were hampered on account of calling of record.
3. Taking all the facts and circumstances of the case, the Court feels that order of granting interim maintenance of Rs. 1,000/- per month was passed by this Court almost 7 years back and in all probabilities the main petition wherein the order of interim maintenance was passed must have been adjudicated finally by now, so this way the revision has become redundant. Otherwise, also on perusal of merits of the petition, it appears that parties are of poor status. Revisionist Amjad Ali has disclosed his earning to the tune of Rs. 1500/- per month by repairing stoves etc. So taking all the facts and circumstances and means of income of Amjad Ali, this Court feels that interim maintenance of Rs. 1,000/- per month to Nusrat Jahan was quite appropriate. However, it is made clear that if the learned trial court has found the claim of Nusrat Jahan quite unsubstantial, then interim maintenance of Rs. 1,000/- per month, as confirmed by this Court, will be deemed as nonest.
4. With the above observation, this revision is disposed of finally.
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