Case Note & Summary
The applicant/husband, Firoz Khan, filed a criminal revision against the order dated 24.4.2007 passed by Family Court No.4 in Petition No. E235/05, which awarded maintenance of Rs.2500 per month to his wife (respondent no.1) and Rs.500 per month to his minor son (respondent no.2). The husband contended that he had a third wife and children to maintain, and that the Family Court ignored deductions from his salary towards loan instalments from a cooperative society and LIC. He argued that the quantum was on the higher side. The High Court observed that the wife was residing with her parents in Nagpur, and the child was five years old at the relevant time. The court noted that the loan liability was incurred by the husband on his own, with no evidence that it was at the wife's behest, and therefore such deductions could not be considered. The court also noted that the husband's salary must have increased after implementation of the 6th Pay Commission Recommendations, as he worked for W.C.L., a Central Government organization. The court held that the wife was entitled to Rs.2000 per month and the son to Rs.1000 per month, which resulted in the same total amount as ordered by the Family Court. Consequently, the revision was disposed of with no change in the operative order and no order as to costs.
Headnote
A) Family Law - Maintenance - Quantum - Revision - The husband challenged the maintenance order of Rs.2500 to wife and Rs.500 to son, arguing that he had other family obligations and loan deductions from salary. The High Court held that loan deductions voluntarily incurred cannot be considered, and with salary increase due to 6th Pay Commission, the wife should get Rs.2000 and son Rs.1000 per month, resulting in no change in total quantum. (Paras 2-5)
Issue of Consideration
Whether the Family Court's award of maintenance at Rs.2500 per month to wife and Rs.500 per month to son was excessive and required modification considering the husband's other liabilities and salary deductions.
Final Decision
The High Court modified the maintenance quantum: wife entitled to Rs.2000 per month and son to Rs.1000 per month, resulting in no change in the total amount. The revision was disposed of with no order as to costs.
Law Points
- Maintenance quantum
- Family Court revision
- Deductions from salary
- Loan liability
- Pay Commission increase
