The central legal point established in the judgment is the obligation of the husband to provide maintenance for the wife, as mandated by Section 125 of CrPC, to prevent vagrancy and destitution.

G.S. Ahluwalia, J.

This application under Section 482 of CrPC has been filed against the order dated 09/08/2011 passed by Ist Additional Sessions Judge Sabalgarh in Criminal Revision No. 39/2011 by which the revision filed by the respondent was partly allowed and the order dated 01/03/2011 passed by JMFC, Sabalgarh, District Morena in MCRC No. 26/2010 was modified.

2. The necessary facts for the disposal for the present application in short are that the applicant filed an application under Section 125 of CrPC against the respondent for grant of maintenance. As both the Courts below have held that the applicant was married to respondent and she is residing separately because of sufficient reason and the only question of controversy in the present application is the quantum of maintenance, therefore, the facts of the case are not being reproduced.

3. After considering the averments made by the parties and the evidence led by the parties, the Magistrate came to the conclusion that the applicant is working as Asha Worker and is earning about 200-500/- per month but this amount is not sufficient for her maintenance, therefore, considering the income of the applicant, the Magistrate directed the respondent to pay maintenance at the rate of Rs.2000 per month.

4. Being aggrieved by the order dated 01/03/2011, the respondent filed a criminal revision and challenged the findings. The Revisional Court also affirmed the findings of the Court of Magistrate with regard to the entitlement of the applicant to receive the maintenance amount. However, modified the order of the Trial Magistrate and reduced the maintenance amount from Rs.2000/- to Rs.700/- per month.

5. Being aggrieved by the reduction amount by the Revisional Court, this application under Section 482 of CrPC has been filed.

6. It is submitted by the counsel for the applicant that although she is working as Asha Worker and is earning about Rs.200-500 per month but her income depends on the total numbers of deliveries of child which takes place in a month because she gets Rs.250-500/- per delivery, therefore, it cannot be said that she is regularly getting the income of Rs.250-500/- per month. Sometimes, she even do not receive any amount in a month. Further it is submitted that considering the price index and inflation, it cannot be said that an amount of Rs.2,000/- granted by the Magistrate was on a higher side and the Revisional Court committed material illegality by interfering with the maintenance amount so awarded by the Trial Court.

7. Per contra, it is submitted by the counsel for the respondent that the Revisional Court did not commit any mistake by reducing the maintenance amount. The respondent is an unskilled labourer and is hardly getting Rs.3,000/- per month and, therefore, the order passed by the Revisional Court may be interfered with.

8. Heard the learned counsel for the parties.

9. When the wife has been turned out of her matrimonial house and she is compelled to stay in her parents house, then it cannot be said that the applicant is not liable to maintain his wife. When the wife is ousted from her matrimonial house, she may not only suffer physical hardships but she may also suffer mental hardships. She also loses the company of a person on whom she had deposed faith and had decided to live with him as his wife. Marriage is not a mere formality or a ritual. Marriage is a ceremony where two souls get united and the wife, in the company of her husband, feels protected from all odds and when she is deprived of the company of her husband, then she may suffer mental harassment. The obligation of the husband to maintain his wife does not come to an end even after the separation because of disputes between him and his wife. The husband is under obligation to provide the maintenance so that his wife may enjoy the same comfort which she would have otherwise got in her matrimonial house. Thus, the social status of the parties, specifically of the husband, comes into play