Maintenance under Section 125 Cr.P.C. is a measure of social justice meant to prevent destitution; a qualified wife is not denied maintenance solely based on her education unless actual income is proven.

KIRTI SINGH , J. (ORAL)

1. The present petition has been preferred against the order dated 06.12.2021 passed by learned Additional Principal Judge, Family Court, Bhiwani, under Section 125 of the Cr.P.C., whereby maintenance of Rs.

10,000/- per month was awarded in favour of the respondent-wife.

2. The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 17.2.2016, as per Hindu religious rites and ceremonies. No child was born from the said wedlock. A matrimonial dispute ensued between the couple and the respondent filed a petition under Section 125 Cr.P.C. for seeking maintenance. The petitioner filed a reply and contested the claim made by the respondent. The learned Family Court vide order dated 06.12.2021 granted maintenance to the tune of Rs. 10,000/- per month in favour of the respondent-wife. Aggrieved by the same, the petitioner has approached this Court by filing the present

petition.

3. Learned counsel for the petitioner submits that since the inception of the marriage of the parties, the behaviour of the respondent

GURPREET SINGH 2026.04.09 09:20 I attest to the accuracy and integrity of this document

Chandigarh

CRR(F)-67-2022 (O&M) -2-

towards the petitioner and his family members was not cordial. It is further submitted that the petitioner is 100% visually disabled person and was fully dependent on the respondent-wife. However, the respondent used to taunt him with regard to his disability and on 09.9.2017, she ultimately left the company of the petitioner without any just cause. It is submitted that the petitioner has also filed a petition under Section 9 of the Hindu Marriage Act for the Restitution of Conjugal Rights against the respondent-wife which shows the bona fide of the petitioner to keep and maintain the respondent-wife. The petitioner has also moved an application dated 15.2.2019 under Section 340 Cr.P.C. before the learned Family Court seeking initiation of proceedings of perjury against the respondent. However, the said application was neither dealt with, nor properly adjudicated by the learned Family Court. It has further been submitted that the respondent-wife had produced a forged a medical bill bearing No. 8615 dated 28.4.2016 wherein the actual paid amount of Rs. 32,150/- was forged to Rs. 82,150/- by the respondent-wife. However, the learned Family Court, while passing the impugned order has not considered the abovesaid factual aspects, and has allowed the maintenance to the respondent, which is on a very higher side. Thus, in view of these submissions, the respondent is not entitled for any further maintenance

amount from the petitioner.

4. The present petition is decided in limine in order to save litigation cost of the respondent and also to save the judicial time of the Court. Having heard the learned counsel for the petitioner, and after perusing the record, this Court does not find any merit in the submissions so

GURPREET SINGH 2026.04.09 09:20 I attest to the accuracy and integrity of this document

Chandigarh

CRR(F)-67-2022 (O&M) -3-

advanced.

5. The object and purpose behind granting maintenance is to ensure that the dependent spouse and children are not reduced to destitution or vagrancy on account of failure of marriage or any other unfortunate circumstance. The Courts are required to conduct the maintenance proceedings while being alive to the legislative intent behind the provision under Section 125 Cr.P.C in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article 39 of

the Constitution of India.

6. A three-Judge Bench of the Hon’ble Supreme Cou