A spouse with insufficient means is entitled to claim maintenance from the well-off spouse, ensuring basic needs are met.

1. Rule. Rule made returnable forthwith.

2. Heard finally by consent of learned Advocates for the parties.

3. In this criminal writ petition, filed under Article 226 of the Constitution of India , petitioner who is respondent in the Petition No.E-199/2021, has challenged the order dated 1st September, 2022 below Exh.-6 passed by the Principal Judge of the Family Court, Nagpur, whereby the learned Principal Judge of the Family Court quantified interim maintenance at the rate of Rs.10,000/- each for the respondent Nos.1 and 2, who are the petitioners in the said petition from the date of application i.e. 7th June, 2021. The facts necessary for decision of this petition are as follows :

4. The petitioner (hereinafter referred to as the “husband” and the respondent No.1 hereinafter referred to as the “wife”) got married on 14th December, 2017. The couple was blessed with a female child on 31st January, 2021, who is the respondent No.2 (hereinafter referred to as the “daughter”). It is the case of the wife that after marriage the husband ill-treated and subjected her to cruelty. They stayed together at Pune for some time. She was deserted by the husband. It is the case of the wife that on account of ill-treatment and cruelty she came down to Nagpur and started residing with her parents. She has tried her level best to convince the husband, however, to no use.

5. It is the case of the wife that she is doing service in a private firm on a meager salary of Rs.22,000/- per month. The husband has not made provision for wife and daughter’s maintenance. The salary of the husband is more than Rs.1,25,000/- per month. He has income from other sources. The wife has stated that she is not able to maintain herself and her daughter with her meager salary. She, therefore, claimed Rs.30,000/- per month for her maintenance and Rs.10,000/- per month for minor daughter. In the petition she applied for interim maintenance. She filed on record statement of assets and liabilities.

6. The husband filed the reply and opposed the application for interim maintenance. According to the husband, the wife treated him with cruelty. The wife meted out all sorts of harassment to him and, therefore, he was constrained to stay separately. It is the case of the husband that he has not meted out any ill-treatment or cruelty to the wife. He has admitted that his net salary is Rs.1,00,000/- per month. However, it is his case that after deduction, only Rs.20,000/- are left with him for his personal use. It is the case of the husband that his parents are dependent on him. According to husband, the wife is doing service and as such able to maintain herself. The wife is, therefore, is not entitled to get maintenance.

7. After granting an opportunity of hearing to the parties and on going through the record and proceedings the learned Principal Judge of the Family Court was pleased to partly allow the application.

The husband being aggrieved by the said order is before this Court.

8. I have heard learned Advocate for the husband and the learned Advocate for the wife. Perused the record and proceedings.

9. Learned Advocate for the husband Mr. C.A. Anthony submitted that interim maintenance at the rate of Rs.10,000/- per month quantified by the learned Judge payable to the wife is not just, proper and reasonable. Learned Advocate submitted that the wife is not at all entitled to get the maintenance from the husband inasmuch as the wife is able to maintain herself. Learned Advocate submitted that no reasons have been recorded by the learned Judge to grant interim maintenance to the wife. Learned Advocate, therefore, submitted that the order passed by the learned Principal Judge to the extent of