SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(MP) 471

IN THE HIGH COURT OF MADHYA PRADESH
Prem Narayan Singh, J.
Amit v. Smt. Namita
Criminal Revision No. 301 of 2020 (I); Decided on 15.10.2024*

Advocates:
Ms. Sudha Shrivastava for petitioner;
Arpit Singh for respondents

Headnote:

Criminal P.C. 1973 -- S. 125 -- maintenance -- wife well-educated lady -- previously worked in two movies -- but cannot be deprived of maintenance only on that basis -- however, in view of her qualification and abilities for earning money, maintenance amount reduced from Rs. 25,000/- to Rs. 20,000/- per month -- no interference in maintenance amount of Rs. 15,000/- per month awarded to daughter. AIR 2015 SC 554 and (2021) 2 SCC 324 followed. AIR 2005 Kar. 417 and 2022 LiveLaw (Del.) 67 referred to. [Paras 11 to 13]

naM çfØ;k lafgrk] 1973 & èkkjk 125 & Òj.ki¨"k.k & iRuh lqf'kf{kr efgyk & iwoZ esa n¨ pyfp=¨a esa dk;Z fd;k & ijarq bl vkèkkj ek= ij Òj.ki¨"k.k ls oafpr ugha dh tk ldrh & rFkkfi] mldh vgZrk rFkk èku vftZr djus dh l{kerk dh n`f"V ls] Òj.ki¨"k.k dh jde #i;s 25]000@& ls ÄVkdj #i;s 20]000@& çfrekl dh xà & iq=h d¨ vfèkfu.kÊr #i;s 15]000@& çfrekl dh Òj.ki¨"k.k dh jde esa d¨Ã gLr{ksi ughaA ,vkbvkj 2015 ,llh 554 rFkk ¼2021½ 2 ,llhlh 324 vuqlfjrA ,vkbvkj 2005 dukZVd 417 rFkk 2022 ykboykW ¼fnYyh½ 67 fufnZ"VA ¼iSjk 11 ls 13½

ORDER

1. This criminal revision has been filed by the petitioner under section 19(4) of the Family Courts Act being aggrieved by the judgment dated 18.12.2019, passed by learned Additional Principal Judge, Family Court, District-Indore, in MJCR No.1009/2014, whereby the learned Principal Judge has partly allowed the application filed under section 125 of Cr.P.C by awarding total maintenance of Rs.40,000/- per months ( i.e. Rs. 25,000/- per month in favour of the respondent No.1/wife & Rs.15,000/- in favour of respondent No. 2/daughter).

2. Learned counsel for the petitioner has submitted that the respondent is a working lady and capable to maintain herself. She has a career in modeling and she had also acted in some movies as well as serials and is presently running a dance class. She is well qualified and is having M.Com. degree. She herself went to her matrimonial home. Petitioner is ready to keep the respondent and at the time of her delivery the petitioner has transferred Rs. 50,000/- in the respondent father's account. She has not filed any report for cruelty, physical or mental assault. For the payment of maintenance amount, the petitioner has taken loan from the bank. The petitioner is an employee in a private bank. His father and brother are depending on him. The maintenance amount awarded by the learned Family Court is causing extreme financial hardships on the applicant. The learned Family Court without appreciating the evidence, wrongly awarded the maintenance of Rs.25000/- in favour of respondent No. 1/wife hence, it may be reduced to the extent of Rs. 10,000/-. Further, in support of her contentions counsel placed reliance in the judgment passed by Delhi High Court in the case of Rupali Gupta v. Rajat Gupta, delivered on 5.09.2016, Smt. Archana Gupta and Antoher v. Shri Rajeev Gupta and another, passed on 18.11.2009, passed by Uttrakhand High Court. and also on a judgement passed by Hon'ble apex Court in the case of Dr. E. Shanthi v. Dr. H.K. Vasudev AIR 2005 Karnataka 417.

3. Per contra, learned counsel for the respondents has opposed the contentions of the petitioner and submitted that the petitioner is failed to provide any documentary evidence to prove that the respondent is earning. The Petitioner is only exhibited newspaper clippings to show that the Respondent is working. In para No. 36 of the impugned order the Petitioner has himself accepted that such newspaper clippings are of the year 1997, 1999 and 2001 and that he is unaware that such films/serials are released or not. He has also made assertion of her working, yet is unaware of where she is working right now. In this regard, he has placed reliance in the case of Laxmi Raj Shetty v. State of Tamil Nadu, that newspaper articles are statement of fact contained in a newspaper and are merely hearsay and therefore inadmissible So far as the contention regarding financial hardship to the petitioner to look after his family members is concerned, the petitioner himself admitted in para No. 7 of his cross-examination that he earns an amount of Rs. 1,26,684/- per month as he is working as senior manager in HDFC Bank, Kota where he says in his parent's own house. His father also owns a house in NRC colony which was accepted by the petitioner in para No. 8 of his cross-examination. He also accepted in para No. 10 of his crossexamiation that he owns a house in Mumbai and that he has created an FD in his own name of Rs. 3,00,000/- in para No. 19 of his cross-examination. His brother is a body builder and earns for himself and he also runs a private school in Kota as is apparent from his social media profile on linkdin. As per para No.22 of cross-examination of the petitioner, he has admitted that he has swift desire car and that his father owns an Etios car. In this regard, learned counsel placed reliance in the finding of the Hon’ble Delhi High Court in the case of Sandeep Walia v. Monica Uppal, 2022 LiveLaw (Del) 677. Hence, the Family Court after considering all th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top