A husband has a sacrosanct legal and moral obligation to maintain his wife; the wife's limited income does not preclude her from receiving reasonable maintenance, which must be determined considering the husband's standard of living and inflation.

JUDGMENT

1. The present Criminal Revision Application under Sections 397 read with 401 of the Code of Criminal Procedure, 1973, has been preferred by the applicant seeking enhancement of the maintenance amount of Rs. 2,500/- per month awarded by the learned Family Court No. 1, Ahmedabad in Criminal Miscellaneous Application No. 1076 of 2009, vide judgment and order dated 23.12.2011, from the date of the application.

2. The case of the applicant is that the marriage between the applicant and the opponent was solemnized about twenty years prior to the filing of the proceedings in accordance with Hindu rites and customs, and out of the wedlock, two children were born who are residing with the applicant. According to the applicant, after a short period of marriage, she was subjected to cruelty and physical abuse by the opponent and his mother and was ultimately driven out of the matrimonial home, and since then, she has been deserted without any maintenance. The applicant is residing in a rented house, suffering from ailments, and earning a limited income from a trust, whereas the opponent is stated to be financially sound, running “Laxmi Provision Store” and other businesses. The applicant had earlier initiated proceedings under Section 125 of the Code of Criminal Procedure before the Family Court No. 1, Ahmedabad by filing Criminal Miscellaneous Application No. 1076 of 2009 seeking maintenance of Rs. 8,000/- per month; however, vide judgment and order dated 23.12.2011, the Family Court partly allowed the application and awarded Rs. 2,500/- per month from the date of the application. Being aggrieved and dissatisfied with the said order, the applicant has preferred the present revision application. The opponent has contested the proceedings by denying the allegations and contending that the applicant had voluntarily left the matrimonial home and that he has limited income and other responsibilities, and both parties have led oral as well as documentary evidence in support of their respective cases.

3. Learned advocate for the applicant has submitted that the applicant–wife was earlier engaged in a part-time job with a trust and was earning only about Rs. 4,000/- per month; however, she has now left the said employment and has no independent source of income, nor is she receiving any pension or other monetary benefits. It is further submitted that the respondent was earlier paying Rs. 1,500/- towards maintenance for the son, but since the son has now attained majority, the said liability has ceased and the respondent has no other dependents to maintain. In such circumstances, considering the rising cost of living and the financial difficulties faced by the applicant, the amount of Rs. 2,500/- awarded by the learned Family Court is grossly inadequate and insufficient for her sustenance. It is, therefore, urged that the maintenance amount be suitably enhanced, having regard to the facts of the case and the financial capacity of the respondent. Therefore, the present application may be allowed.

4. Learned advocate for the respondent–husband has vehemently opposed the present application and submitted that the learned Family Court has rightly appreciated the evidence on record and has not committed any error in awarding maintenance of Rs. 2,500/- per month. It is contended that the applicant–wife is earning and was receiving an income of about Rs. 4,000/- per month,