The court established that maintenance must ensure a wife can live with dignity, reflecting her marital standard of living, and is the husband's legal obligation.

ORAL ORDER

The petitioner is before this Court calls in question an order passed by the Principle Judge, Family Court, Bagalkote in Crl. Misc. No. 61/2023 on an application filed in I.A.No. III by the petitioner - wife seeking interim maintenance. The concerned Court, by its order dated 22.11.2024, passes an award granting interim maintenance at Rs.5,000/- p.m., enhancement of which is sought in the subject petition by the petitioner - wife.

2. Heard Sri. Siddappa S. Sajjan, learned counsel for the petitioner and Sri Prakash Hosmani, learned counsel for the respondent.

3. Fact in brief, germane are as follows:

The petitioner is the wife and respondent the husband. The two get married on 20.01.2022. The issue in the lis is the relationship between the husband and wife floundered and on such floundering of the relationship, the wife institutes proceedings seeking maintenance at the hands of the husband in Criminal Miscellaneous No.61/2023 invoking Section 125 of Cr.P.C. The wife files an application in I.A. No. III seeking interim maintenance. The concerned Court grants interim maintenance of Rs.5,000/- p.m. to the petitioner at the hands of the husband. It is this order that drives the petitioner - wife to this Court seeking enhancement of maintenance on the ground that it is too meager to maintain herself.

4. The learned counsel for the petitioner would contend that the respondent - husband is working as a Constable in the Indian Army, getting a salary of Rs.78,367/- p.m. and also owns a house and agricultural property. The respondent has the capacity to pay the interim maintenance of Rs.30,000/- p.m. as claimed by the petitioner since the respondent is getting an income of Rs.10,00,000 /- p.a. in total and is leading a luxurious life. At the time of marriage, the parents of the petitioner gave Rs.5,00,000/- as dowry alongwith ten tolas of gold and utensils worth Rs.4,00,000/-. The petitioner was physically tortured by the respondent on the instigation of his mother and sisters and the respondent also demanded dowry from her which led the petitioner in filing a case under Section 498(A) of IPC and under the Dowry prohibition Act against her husband. The petitioner deserted the matrimonial home in July, 2022 and has since been residing in her parental house. The petitioner is incapacitated and is unable to work. The concerned Court fails to properly consider the documents produced by the petitioner and the award of interim maintenance passed without assigning any reasons, is too meagre.

5. The learned counsel for the respondent would contend that the petitioner was involved in an illicit relationship with another person which was brought to his notice by his sister-in- law. Despite the respondent requesting the petitioner not to talk to other men over the phone and lead her marital life properly, the petitioner continued the same. After the respondent returned from duty on 28.6.2021, the respondent confronted the petitioner with messages and videos of her talking to other men before the panchayat, where she was abused. The petitioner went back to her parental home in July, 2022 and gave a false complaint before the Women Police Station. The police advised them and the petitioner admitted that she will return to her matrimonial home and will not use her phone. The petitioner thereafter, returned back to her matrimonial home on 05.09.2022 and was again caught by her husband using her phone and talking to other men. Despite this, the respondent allowed her to lead her marital life till November, 2022 after which the respondent had to return back to duty. Thereafter, the petitioner went to her parental house voluntarily without informing her in-laws and also took her belongings, gold and silver items with her. The petitioner refused to come back to her matrimonial home and filed a false criminal case in Crime No. 8/2023. The respondent filed M.C. No. 17/2023 before the concerned Court seeking divorce, after which the petitioner files t