Husband's obligation to maintain wife despite her previous employment status, focused on the need for maintenance when unable to sustain herself.

1. The present revision has been filed by the applicant against the order dated 11.10.2022 in Criminal MJC No.138/2022 by the Family Court, Bemetara, whereby the learned Judge has allowed the application under S.125 of the Cr.P.C. and granted monthly maintenance of Rs.2500/- in favour of the Respondent.

2. It is undisputed that the marriage of the applicant with the respondent was solemnized on 25.05.2010. The respondent / wife has preferred an application under S.125 of the Cr.P.C. on 20.04.2022 alleging in it that applicant used to harrased her for bringing less dowry and having no issue and also tonting her for the same, for this the respondent has also lodged an FIR, which was registered under S.498 - A of the IPC. The respondent / wife is not capable to maintain herself and the petitioner is a Rozgar Sahayak - Sachiv in Village - Kuwa and also having agricultural land, from which he is earning Rs.30,000/- per month and he is neglecting to maintain the wife, therefore, she prays for grant of maintenance of Rs.10,000/- per month. The applicant has denied the allegations made by the wife as she is living separately without any sufficient cause. The petitioner is trying his level best to bring her home and also filed an application under S.9 of the Hindu Marriage Act . The respondent / wife has lodged the false FIR and the applicant is earning salary to the tune of Rs.4,385/- per month and also having liability of his old age parents, therefore, he prays to dismiss the said application. Upon appreciation of the evidence adduced by the parties and by the impugned order the petition filed by the respondent / wife was allowed.

3. Learned counsel for the applicant submits that the respondent / wife is living in her parents house at her own will. The husband has also filed an application under S.9 of the Hindu Marriage Act and is getting salary to the tune of Rs.4,385/- per month and the wife is working as a sales girl in Sumit Bazar, Bemetara and is receiving Rs.9,700/- per month, therefore, prays to quash the impugned award.

4. Per contra learned counsel for the respondent / wife would support the impugned order and stated that wife is presently not working and Ravi Agrawal (DW - 3) Manager of the Sumit Bazar, Bemetara has categorically stated that the respondent / wife has worked from June 2021 - June 2022, thereafter, she left the job, therefore, he submits that no interference is warranted in the said impugned order.

5. Having considered the submissions of the learned counsel for the parties and perused the record, it is undisputed that the marriage of the applicant was solemnized with the respondent / wife on 25.05.2010. After the marriage, the applicant had started harrassing the wife. The respondent / wife has clearly stated that petitioner is also tonting her as out of their wedlock, they have no issue and for such cruelty the wife has also lodged the FIR and she has also asserted the application filed by the applicant for restitution of conjugal rights which was dismissed and has filed the copy of the judgment vide Ex. - P / 4 of the Family Court, Bemetara in Civil Suit No.37 - A of the 2020, decided on 29.01.2022. The Civil Court has found that due to cruelty meted out, the applicant has a reasonable excuse for living separately from the respondent / wife. The respondent / wife has also stated that she is unable to maintain herself and the applicant is getting salary by working as a Rozgar Sahayak - Sachiv at Village - Kuwa and also have agricultural land from which he is earning Rs.30,000/- per month and copies of the Khasra and Panchshalas of the ancestral land in the name of father of the applicant has bee