The obligation of the husband to provide maintenance stands on a higher pedestal than the wife. The court must consider the financial capacity of the husband and the wife's ability to maintain herself. Reasonable maintenance for survival and sustenance should be provided, taking into account the present market conditions.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard Sri Shashank Tripathi, learned counsel for the revisionist, learned AGA for the State and perused the material placed on record.

2. As per the office report, notice was duly served on opposite party No. 2 but none appeared on her behalf to press present criminal revision.

3. Instant criminal revision has been preferred against the impugned order dated 05.01.2023, passed by leaned Additional Principal Judge, Family Court No. 2, Kanpur Nagar, in Maintenance Case No. 875 of 2021 (Smt. Arti and Others vs. Ashish Verma), under Section 125 Cr.P.C. By the impugned order, learned Principal Judge has allowed the application for interim maintenance filed by the applicants and has awarded Rs.3,000/- per month to the applicant No. 1 and Rs.2,000/- per month to each of her minor children as interim maintenance, which is payable on 10th of each calender month.

4. The brief facts leading to filing of present revision are that the applicant No. 1 Smt. Arti Soni, who is respondent No. 2 in present revision filed an application for maintenance under Section 125 Cr.P.C. before the Principal Judge, Family Court, Kanpur Nagar with averment that opposite party Ashish Verma is her husband and applicant Nos.2 and 3 are minor children born out of their wedlock. Applicant No. 1 was married with opposite party on 21.6.2021. Their marriage was solemnized according to the Hindu rites and rituals and parties belongs to Hindu community. She was send off to her matrimonial home after marriage and one son and one daughter born out of their wedlock with her husband. However, she was subjected to matrimonial cruelty soon after her marriage by opposite party and his family members due to non fulfilment of demand of dowry of Rs.1 lac cash, one gold chain, LCD TV and fridge. She was even deprived of square meal in her matrimonial home. She was given intensive beating by opposite party and his family members. However, she suffered all these misdeeds of opposite party with expectation that things will be better in course of time. In the evening of 11.6.2021, her brother Sonu and sister-in-law Babita arrived at her matrimonial home to take her back to join a festive occasion at their place but she was not permitted to go to her parental place and family members of opposite party misbehaved and abused her brother and sister-in-law and also threatened the applicant with life. Her brother and sister-in-law were thrashed and beaten by her husband and his family members when they were off to their residence. She was again roughed up and assaulted badly by her husband and his family members, in which her minor daughter Vaishnavi also got severely injured. They snatched her ornaments and cash. She anyhow got herself saved and went to her home. Her in-laws are affluent people and local police is under their influence. They did not take any action against them. The opposite party is engaged in trade of gold and silver and also earns around Rs.1 lac per month from house rent. The applicant No. 1 is not having any source of income to maintain herself as well as her minor children. She prayed for Rs.10,000/- per month as maintenance to be awarded to each of the applicants.

5. Learned court below summoned the opposite party. He appeared and filed an objection on application of interim maintenance, in which he denied the allegations made in application for maintenance. He has stated that he himself is a victim of high handedness of his wife and her family members. The applicant is a highly educated lady. She has taken course of weaving and English, from which she earns around Rs.20,000/- per month. The opposite party is not having any regularly source of income. He is being victimized by his wife due to lack of money. Even he is ready to keep his wife and her children together with him. He is suffering from severe ailments and no money is left with him to provide interim maintenance. He was assaulted by brothers and associates of applic