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RAVINDRA MAITHANI
Ravi Kant Sagar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT (ORAL)
Ravindra Maithani, J.—The challenge in this revision is made to the order of interim maintenance dated 16.01.2024, passed in Criminal Case No.104 of 2023, Smt. Anugya Shaiwal Vs. Ravi Kant Sagar, by the court of Family Judge, Dehradun (“the case”). By the impugned order, the revisionist has been directed to pay Rs.30,000/- per month interim relief to the respondent no.2, Smt. Anugya Shaiwal.
2. Heard learned counsel for the revisionist and perused the record.
3. It appears that the respondent no.2 filed an application under Section 125 of the Code of Criminal Procedure, 1973 (“the Code”) seeking maintenance from the revisionist. According to the respondent no.2, she and the revisionist and were married on 27.02.2020, but after marriage, she was harassed and tortured for and in connection with the demand of dowry. She was beaten up at Ballari, Karnataka, where the revisionist resides. The respondent no.2 wanted to report the matter in the month of June, 2021, but due to fear of the revisionist, she could not dare to do so. According to the respondent no.2, she is not able to maintain herself, though she is highly qualified, whereas, it is stated that the revisionist g
Maintenance – Merely being highly qualified may not deny maintenance to a person unless he or she earns for his or her maintenance.
A higher-earning spouse has a legal obligation to provide maintenance to a lower-earning or non-earning spouse under Section 125 of the Code, regardless of the latter's qualifications.
The court established that under Section 125 of the Code of Criminal Procedure, a wife who is unable to maintain herself is entitled to interim maintenance from her husband, especially when there is ....
A Family Court must evaluate the financial circumstances of both parties when adjudicating applications for interim maintenance, applying discretion based on compelling needs and income levels.
A spouse's inability to maintain themselves can justify an award of interim maintenance under Section 125 of the Code of Criminal Procedure, considering the income of the other spouse.
The court established that interim maintenance must sufficiently cover the basic needs of dependents, emphasizing the welfare of minors while awaiting the resolution of the main case.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
Maintenance under Section 125 Cr.P.C. must reflect the financial status of the husband and the needs of the wife, ensuring adequate support for her living expenses.
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