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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MADAN PAL SINGH
Ravinder Singh Bisht – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
MADAN PAL SINGH, J.
1. Heard Sri Nitin Sharma, learned counsel for the revisionist, Sri Ravindra Kumar Mishra, learned counsel for opposite party no. 2, and the learned A.G.A. for the State, and perused the record.
2. The present criminal revision has been filed by the revisionist seeking to set aside the order dated 04-01-2025 passed by the learned Additional Principal Judge, Family Court No. 1, Ghaziabad in Maintenance Case No. 736 of 2019 (Smt. Prabhjot Kaur v. Ravinder Singh Bisht), under Section 125 Cr.P.C., whereby the learned trial court directed the revisionist to pay a sum of Rs.15,000/- per month to opposite party no. 2 as maintenance from the date of the application.
3. Learned counsel for the revisionist contended that the impugned order is unjustified on the ground that opposite party no. 2 is an educated and working woman, financially independent, and therefore not entitled to maintenance. In support of the said submission, reliance has been placed upon Income Tax Return/Form-16 dated 30-05-2018, according to which the annual credited salary of opposite party no. 2 is stated to be Rs.11,28,780/-. It was further urged that the wife had voluntarily left the matr
A wife’s financial independence does not automatically disqualify her from maintenance; maintaining her dignity according to her husband's status is paramount.
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
A wife who is financially self-sufficient is not entitled to maintenance under Section 125 Cr.P.C., especially if she has not approached the court with clean hands.
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
Section 125(2) Cr.P.C is prima facie clear that maintenance shall be payable from the date of order.
The obligation of a husband to maintain his wife and children is not negated by claims of financial constraints, and maintenance laws are enacted for social justice to prevent dependents from falling....
The main legal point established in the judgment is the importance of evidence and the social and economic status of the parties in determining maintenance amount under Section 125 Cr.P.C.
Point of law: Grant of interim maintenance – Determination of quantum of maintenance – Justified
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
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