A husband has a legal and ethical duty to maintain his wife; the court may use the 'able-bodied principle' to estimate income in the absence of documentary evidence, and educational qualifications of the wife do not automatically disqualify her from receiving maintenance.

JUDGMENT

1. By way of the present application, the applicant has requested this Court to modify the impugned order dated 11.01.2022 passed by the Family Court, Ahmedabad in Criminal Misc. Application No.2787 of 2016 and to award at least Rs.25,000/- per month as maintenance to the present applicant.

2. It is the case of the applicant that the marriage between the petitioner and respondent No.2 was solemnized on 29.12.2008 at Asarva, Ahmedabad as per Hindu rites and rituals. Initially, the matrimonial life of the parties was cordial; however, after about six months of marriage, the petitioner was allegedly subjected to physical and mental harassment by respondent No.2 and his family members on account of dowry

demands and the fact that it was a love marriage. It is the case of the petitioner that respondent No.2, who is engaged in singing and organizing musical events in India and abroad, including in the UK, Africa and Kenya, earns substantial income but became addicted to alcohol and started ill-treating the petitioner. Thereafter, the parties started residing separately in a rented premises from December 2013, but even thereafter, the petitioner continued to face physical and mental cruelty, due to which she returned to her parental home. Ultimately, due to the conduct of respondent No.2, the petitioner signed a divorce deed dated 26.05.2016. Since respondent No.2 failed to make any arrangement for her maintenance, the petitioner filed Criminal Misc. Application No.2787 of 2016 under Section 125 of the Cr.P.C. before the Family Court, Ahmedabad. Though interim maintenance of Rs.2,000/- per month was awarded, respondent No.2 failed to comply with the same, resulting in several recovery proceedings, including an order imposing imprisonment for non-payment. It is further the case of the petitioner that despite the respondent admitting in his cross-examination that he is engaged in singing and organizing musical shows and has travelled abroad for the same, the learned Family Court, Ahmedabad, by judgment and order dated 11.01.2022 passed in Criminal Misc. Application No.2787 of 2016, awarded only Rs.10,000/- per month as maintenance, which according to the petitioner is grossly inadequate considering her medical condition, needs and the income of respondent No.2.

3. It appears that Criminal Revision Application No.319 of 2022 filed by the husband, challenging the order passed by the

learned Family Court, came to be rejected by the Coordinate Bench of this Court vide order dated 01.02.2023.

4. So far as the present applicant is concerned, she is the wife and has challenged the order on the ground that the learned Family Court has failed to award just maintenance and has not properly considered the fact that respondent No.2 earns substantial income from singing work and organizing musical shows, which is established on record. Despite such evidence, the learned Family Court failed to properly consider his income while awarding maintenance and did not award at least Rs.20,000/- per month towards maintenance.

5. Perusing the record, it appears that since 26.05.2016, the applicant has been living as a divorcee. It is a settled principle of law that a divorced wife is also entitled to maintenance and, as per social welfare legislation, it is the duty of the husband to maintain his wife. Merely because the applicant possesses an LL.B. degree cannot be a ground to refuse maintenance and the said aspect has also been considered by the Family Court. Below Exhibit 44, a statement regarding responsibility and liability has been filed and the applicant has admitted t