2021 Supreme(Online)(MP) 1382
- HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
- JABALPUR
Dr. Anuvad Shrivastava,
- (ORDER)
- 22.02.2021
- This criminal revision has been filed on 12.12.2019 under section 397 read with section 401 of CrPC and section 19(4) of Family Courts Act, 1984 by Veer
Singh Thakur, who was the respondent before the Family Court.
2. It is an admitted fact that the marriage of applicant Veer Singh Thakur with respondent Divya Thakur was solemnized on 29.4.2018 and they are husband and wife. The wife residing separately since 9.11.2018. It means they lived together only between the period 29.4.2018 to 9.11.2018.
3. The respondent/wife filed an application for maintenance under section 125 of CrPC on 27.2.2019 before the Family Court. The learned Principal Judge, Family Court, Seoni registered the aforesaid case as MJCR No.79/2019 and decided on 28.11.2019. By the impugned order, the trial court/Family Court granted the maintenance allowance @ Rs.8,000/- from the date of order i.e.
28.11.2019 to the wife.
4. The applicant challenged the aforesaid order by filing this criminal revision. During the arguments, it is fairly admitted by the counsel for the applicant that he does not want to challenge the entitlement of the maintenance but amount of Rs.8000/- per month awarded by the Family Court is a higher amount. The applicant is voluntarily agree to pay maintenance @ Rs.5000/- per month.
5. To justify the aforesaid request, the counsel for applicant/husband draws attention towards the various paras of the impugned order. It is submitted that as per Para 34 of the impugned order, the trial court admitted the monthly income of respondent as Rs.28,000/- upon the statement of applicant/husband, but not considered the deduction of Rs.16,600/- towards the installment of home loan. The Court did not consider the fact that after payment of the home loan installment, husband is not able to pay maintenance of Rs.8000/- per month.
6. It is also submitted by the counsel for applicant that the wife having the qualification upto M.Sc.D.Ed.and able to earn for herself. Even she worked as Guest Teacher for some time, therefore, the maintenance amount of Rs.8000/- per month should be reduced to Rs.5000/- per month.
7. On the other side, counsel for respondent/wife opposed the aforesaid contention and submitted that the wife does not having any permanent source of income. Although she is a qualified lady, but not earning any money. Her job was only for temporary period for which no amount was received by her.
8. Counsel for applicant placed reliance upon the law laid down in the case of Smt. Mamta Jaiswal Vs. Rajesh Jaiswal, 2000(4) MPHT 457 was qualified upto M.Sc. M.Ed., the High Court observed that the wife is not permitted to remain idle. In Para 6 the High Court mentioned as under:-
9. The aforesaid case is related to Section 24 of the Hindu Marriage Act, not Sanjay Kumar Sinha Vs. Asha Kumari and another (2018)5 SCC 3