Case Note & Summary
The case involved a dispute regarding maintenance under Section 125 of the Code of Criminal Procedure, 1973, where the appellant, Minakshi Gaur, sought maintenance from her husband, Chitranjan Gaur. The Magistrate had dismissed her petition on the grounds that she was a working lady with income from properties, suggesting she could maintain herself. This decision was upheld by the High Court, prompting the appeal to the Supreme Court. The appellant contended that her husband earned Rupees twenty thousand per month, a fact not denied by the husband in his counter affidavit. The husband claimed that the wife's income was Rs.98,820 per annum, which equated to less than Rupees nine thousand per month. The Supreme Court found that it was unreasonable for the wife to maintain herself in Agra on such a low income, especially in contrast to the husband's earnings. The court determined that the husband was liable to provide maintenance to ensure the wife could sustain herself. Consequently, the appeal was allowed, the previous orders were set aside, and the husband was directed to pay maintenance of Rupees five thousand per month from the date of the petition, with specific payment schedules outlined for the arrears. The court mandated that all payments be made via Account Payee Demand Drafts, ensuring the wife received the maintenance personally or through a representative. The judgment emphasized the need for the husband to support the wife financially given the disparity in their incomes.
Headnote
A) Family Law - Maintenance - Entitlement to Maintenance - Code of Criminal Procedure, 1973, Section 125 - The court held that the wife, despite having some income, was not able to maintain herself in Agra with less than Rupees nine thousand per month, while the husband earned Rupees twenty thousand per month. The court directed the husband to pay maintenance of Rupees five thousand per month to the wife from the date of filing the petition under Section 125 Cr.P.C. (Paras 1-2).
Issue of Consideration
Whether the wife is entitled to maintenance despite her income and the husband's higher income.
Final Decision
The Supreme Court allowed the appeal, set aside the previous orders, and directed the husband to pay maintenance of Rupees five thousand per month from the date of filing the petition under Section 125 Cr.P.C., with specified payment schedules for arrears.
Law Points
- Maintenance under Cr.P.C.
- Income assessment for maintenance
- Just and expedient maintenance order
