A husband has a legal obligation under Section 125 of the CRPC to maintain his wife and children, assessed against evidence of their financial needs and living conditions.

Order on Board

28.07.2025

1. Heard Mr. C.K. Sahu, learned counsel for the applicant. Also heard Mr. Rupendra Sahu, learned counsel appearing for the Non-

applicant.

2. By way of this revision, the applicant has prayed for following relief:

“It is therefore, prayed that, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 07-03-2024 (Annexure A-1 relating to the applicant No.1) and may kindly be pleased to award appropriate maintenance to the applicant No.1 and enhance the maintenance amount of the applicant No.2 & 3 as prayed in the application under Section 125 of CRPC, in the interest of justice..”

3. Brief facts of the case are that on 09-02-2010, the applicant No.1 and non-applicant performed marriage according to the Hindu Customs and Rituals and out of their wedlock the applicant Nos.2 & 3 were born, who was aged about 08 years and 06 years at the time of filing application of maintenance. After some time of marriage, the husband pressurized the wife to left the job and when the wife left the job, the husband pressurized the wife to do the job. The husband and his parents have tortured the wife, therefore the applicants left the house of husband and are living at her parental home. Due to refusal to provide maintenance, the applicant No.1 is facing financial hardship, which gives rise to a valid cause of action to file this present application under Section 125 of Cr.P.C. The wife also pleaded in her application that the husband is government teacher posted as Shiksha Karmi Grade-II and getting salary of Rs.40,000/- per month. It was also pleaded in her application that the husband is having 6-7 acres of land and earning 1.50,000/- in that lands and the husband is having two big house and given on rent and earning Rs.20,000/- per month in that house, thus she prayed before the learned Family Court to grant monthly maintenance amount of Rs. 25,000/- in favour of applicants.

4. The husband filed his reply and denied all the adverse allegation made against him and mentioned that after the marriage, they were living at her parental home separately and when the parents had come to take the applicant No.1 along with them, they had gone in a very good mood and thereafter the husband had gone to take her back, the wife and her parents had denied and threatened. The husband also stated that the applicant No.1 is educated lady working in the insurance company and earns Rs.30,000/-, therefore she does not require to get any maintenance pleaded by her and also stated that the husband also prepared to keep the wife, but the wife is not ready.

5. The learned Family Court after considering the evidence on record, passed the impugned order dated 07-03-2024 whereby, partly allowed the application and granted the maintenance to the children/ applicant Nos 2 and 3 as Rs.3000/- per month each and rejected the claim of wife and further ordered to bear Rs. 1000/- for expenses of the proceedings. Hence this revision.

6. Learned counsel for the applicants submit that the order dated 07-

03-2024 (Annexure A-1) passed by the learned Family Court is illegal, without application of mind and is against the object of Section 125 of CRPC. It is the duty of the husband to maintain his wife. He further submits that the learned Family Court has failed to appreciate that the proceedings under Section 125 of CRPC is summary in nature further the learned Family Court has not considered the documents regarding the income of the non- applicant, the gross salary of the husband was Rs. 40,000/- per month and due to the agricultural work, the husband earns Rs.1,50,000/- and also getting income from rent of house. The learned Family Court als