The main legal point established is the responsibility of the husband to maintain his wife, the need to prove income, and the consideration of the standard of living in determining the maintenance amount.

JUDGMENT :

Sharad Kumar Sharma, J.

The present criminal revision has been preferred by the revisionist (wife) claiming for an enhancement of the maintenance as determined by the Principal Judge, Family Court, District Udham Singh Nagar, whereby, in the proceedings which was registered as Criminal Case No. 121 of 2012 Smt. Rupali Chaturvedi vs. Shri Deepak Chaturvedi' the Family Court, has determined the maintenance payable to the revisionist (wife) at the rate of Rs. 3,000/- per month. Being dissatisfied with aforesaid determination she has filed the present revision praying for an enhancement of the maintenance.

2. The brief facts, which have emerged for consideration before this Court, is that, it is an admitted fact inter se between the parties that the matrimony amongst them was solemnized in accordance with the Hindu rites and rituals amongst the parties to the present revision, on 24.01.2008 and as a consequence thereto they continued to discharge their matrimonial obligations as socially recognized amongst one another. After the solemnization of marriage there had been certain dispute and misunderstandings, which has arisen amongst themselves and there was an allegation leveled by the revisionist as against respondent husband that she was maltreated by the in-laws and her husband and often she was threatened by the inlaws and even at times she was assaulted also under the pretext that in case if she doesn't bring in sufficient amount of dowry, as it was alleged to have been demanded by the respondent no. 1 as well as the other in-laws of the revisionist, she was maltreated, consequently resulting into posing difficulty to her in dispensing with the matrimonial responsibilities attached to her as a consequence of the marriage, which has been solemnized between them on 24.01.2008.

3. Faced with the aforesaid situation, the revisionist (wife) had instituted the proceedings under Section 125 of Cr.P.C. by filing the same on 21.05.2012 before the Principal Judge, Family Court, Udham Singh Nagar, Camp Kashipur. In the proceedings thus filed by her apart from the fact that describing the matrimonial dispute and the manner in which it has been arrived at and also with regards to the pleading to the effect that there had been a certain dispute on account of incident of physical assault, which has occurred on 21.07.2010 and 22.07.2010, she has contended that the in-laws of the revisionist have also misbehaved with the parents of the revisionist when they had visited her parents house, but anyway all these altercations of physical assault are not relevant for the purposes to consider the application for determination of the maintenance under Section 125 of Cr.P.C., which exclusively depends upon failure to maintain and income accruing to the spouse and inability of the spouse to maintain herself or himself.

4. As per the parameters provided under Section 125 of Cr.P.C. what would be relevant to consider is as to what would be an appropriate maintenance, which has to be payable, it would be the proportionate amount accruing to the husband as an income as against which the maintenance amount has to be determined by the courts. The revisionist in her application under Section 125 of Cr.P.C. particularly as pleaded in paragraph 11 she has made a pleading that the respondent (husband) has got a transport business and out of that he is having an income of about Rs. 50,000/- per month and thus she has claimed for that she may be paid maintenance at the rate of Rs. 10,000/- per month.

5. On an objection being filed by the respondent (husband), most of the pleading with regards to the matrimony was admitted, though the story about the physical assault and other atrocities, which has been mentioned in the application under Section 125 of Cr.P.C., was denied by respondent/husband. What would be more relevant for the purposes of present application under section 125 of Cr.P.C. is that in the response submitted by the respondent (husband) to the inc