A wife is entitled to maintenance even if she has her own income, ensuring her standard of living is maintained according to her husband's financial status.

ORDER :

Prem Narayan Singh, J.

With consent, heard finally.

2. This order shall govern the disposal of these criminal revisions as they are arisen out of the same order dated 16.02.2024 passed in Miscellaneous Judicial Case No. 120/2022 by the learned Principal Judge, Family Court, District- Ratlam. Hence, they are heard analogously and are being decided by this common order.

3. Being disgruntled by the judgment dated 16.02.2024, passed in M.J.C. No.120/2022, by learned Principal Judge, Family Court, District- Ratlam, the Criminal Revision No. 885/2024 has been filed by petitioner Afrin Bee W/o Mohammad Shadab Mansoori for enhancing the maintenance amount from Rs.12,000/- to Rs.20,000/-, while the Criminal Revision No. 919/2024 has been filed by respondent/Mohammad Shadab to set aside the order of maintenance. Further, for the sake of convenience, the wife- Afrin Bee W/o Mohammad Shadab Mansoori will be addressed as petitioner and husband-Mohammad Shadab will be addressed as respondent.

4. Brief facts of the case are that the marriage of the petitioner and respondent was solemnized on 28.02.2021 as per the Muslim Rites and Rituals. The petitioner stayed in her matrimonial house along with her in- laws, wherein her husband and his family members started harassing and torturing her for not fulfilling their demand of dowry of Rs.40,00,000/- and due to not fulfilling the demand, the petitioner was compelled to live in her parental home. In this regard, an application was also submitted by the petitioner against her in-laws at Mahila Thana and Police Superintendent, Ratlam. On 04.10.2021, the respondent and his family members came to wife's parental home and started abusing and assaulting the petitioner, due to that she submitted an application at Mahila Thana. They had also threatened to petitioner’s brother and sister-in-law. Further, an FIR bearing Crime No. 614/2021 at Police Station- Station Road was lodged for the offence punishable under Sections 498-A, 323, 294 and 506 of IPC. Afterthat, she filed an application under Section 125 of Cr.P.C. and the learned family Court has awarded the maintenance as stated above.

5. Learned counsel for the petitioner has pleaded in his arguments that the learned trial Court has not considered the income of the respondent and committed grave illegality in awarding lesser maintenance in favour of petitioner /wife. The petitioner was compelled to live in her parental house. He has also submitted that the respondent is a practicing advocate at Ratlam. The respondent is also having source of income from business of papad making, land on lease and from rent also. The respondent has admitted in his statement that he is an advocate. He has also other source of income but this fact was not considered by the learned Family Court while awarding maintenance to the petitioner. The petitioner is liable to get maintenance as per family status of the respondent, being a wife, she was compelled by respondent to live separately because of mental and physical cruelty. It is further submitted that the amount of maintenance awarded by learned trial Court is on lower side. Hence, it is prayed that amount of maintenance of the petitioner/ wife may kindly be enhanced upto Rs.20,000/- per month.

6. The aforesaid facts were denied by the husband in his reply to the application by stating that his wife /petitioner herself is competent lady and she does not require any maintenance amount. Hence, the maintenance awarded of Rs.12,000/- by the learned trial Court is not in-consonance with law and the petitioner's petition is liable to be dismi