IMPORTANT POINT
Award of maintenance to wife – Even if wife is capable of earning, it would not deny her to get maintenance from husband and live as per status of husband.

JUDGMENT (ORAL)

Present Revision Application is filed under Section 397 read with Section 401 of Cr.P.C. to quash and set aside the order dated 16.02.2023 passed by the learned Family Court, Surat below Exh.85 in Criminal Misc. Application No.1182 of 2017, whereby, the learned Family Court, Surat has directed the petitioner to pay maintenance of Rs.12,000/- per month from 27.09.2017 to December, 2019, Rs.14,000/- per month from January, 2020 to December 2022 and further to pay maintenance of Rs.15,000/- per month from January, 2023 regularly to the respondent - wife.

2. Facts of the case are as under:—

2.1. On 13.05.2017, the petitioner got married with respondent - wife. It is further alleged that after marriage, mother and aunt of the petitioner created disturbance between the petitioner and respondent wife and they used to torture her. As per case of respondent - wife, on 15.06.2017 the petitioner without informing her departed to USA. Upon inquiry, her mother in law, started abusing respondent - wife. It is alleged that on 22.07.2017, mother in law of the respondent wife after collecting all jewellery, marriage certificate, cash etc. from respondent wife, locked their house and left for USA. Thereafter, the petitioner demanded for divorce from respondent wife. It is alleged that respondent wife was deserted by petitioner and his family without her fault. It is stated that petitioner is having job at USA and his salary is at Rs.8,00,000/- with house ownership in USA and therefore, she is entitled to maintenance of Rs.2.5 lach per month. Learned Family Court, Surat after hearing the parties passed impugned order dated 16.02.2023. Hence, present Revision Application.

3. Principle contention of learned advocate for the petitioner - husband is that husband without any condition is ready and willing to take back wife. It is submitted that in view of section 125(4) and section 125(5) of Cr.P.C., wife is not entitled to get any maintenance amount. It is submitted that there is no consumption of marriage. It is submitted wife barely lived with the husband and started demanding huge amount as to clear loan of her father. It is submitted that wife is practicing Doctor having degree of BHMS and she is earning and therefore, wife is not entitled to get maintenance from husband. It is submitted that learned Trial Court has committed error in granting maintenance under section 125 of Cr.P.C. It is submitted that wife is not giving back passport to obtain VISA for herself to facilitate husband to take back to USA. The submissions are made to allow present Revision Application.

4. Learned advocate Mr.Barot for the respondent - husband would submit that Rs.10,26,000/- is outstanding towards maintenance amount granted by the learned Trial Court through impugned order. This is first part. In another part, learned JMFC, Surat in its detail order under Domestic Violence Act also ordered to grant monthly maintenance of Rs.1,00,000/- from the date of petition i.e. 29.09.2017. Apart from it, Rs.50,000/- per month was ordered to be paid towards rent of the premises and Rs.11 lakhs was ordered to be paid towards compensation under section 22 of the Domestic Violence Act. The petitioner - husband has not paid any penny towards either of the order. The petitioner is running from paying maintenance amount ordered by the Courts. Therefore, it is submitted that no discretion should be exercised in favour of the petitioner and submitted to dismiss Revision Application with costs.

5. Learned APP for the respondent - State submitted to pass necessary ordeRs.

6. At the outset, I may refer to section 397 of Cr.P.C., which reads as under:—

“397. Calling for records to exercise powers of revision.—(1)The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of