Case Note & Summary
The petitioner, Gokul Yashwant Gopnarayan, challenged the judgment and order dated 27/08/2018 passed by the 3rd Additional Sessions Judge, Akola, in Criminal Revision No.97/2019, and the judgment and order dated 25/04/2016 passed by the Judicial Magistrate First Class, Murtizapur, in Criminal Case No.216/2010, wherein maintenance of Rs. 4,000 per month under Section 125 of the Code of Criminal Procedure, 1973, was granted to the respondent-wife, Sangeeta Gokul Gopnarayan. The marriage between the petitioner and respondent was solemnized on 03/06/2008 at Gram Panchayat Sonori, Taluka Murtizapur, District Akola. It was a second marriage for both parties; the petitioner's first wife died due to cancer, and the respondent's first husband, Harish Goroba Shinde, passed away. After one month of marriage, the petitioner started ill-treating and harassing the respondent, leading to discord. The petitioner and his son Rahul allegedly abused, harassed, and ill-treated her, and family members beat her and demanded Rs. 30,000. The respondent was driven out of the house and resided with her parents. On 08/12/2010, she filed an application under Section 125 Cr.P.C. against the petitioner in Miscellaneous Criminal Case No.216/2010 before the Judicial Magistrate First Class, Murtizapur. The petitioner contested the claim by filing a written statement. The Magistrate awarded maintenance of Rs. 4,000 per month. The petitioner filed a revision before the Sessions Court, which was dismissed. Hence, the petitioner filed the present writ petition. The court upheld the maintenance order, finding no illegality or perversity. The petition was dismissed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Wife's Remarriage - The court considered whether a wife who has remarried is entitled to maintenance under Section 125 CrPC. Held that remarriage does not automatically disentitle maintenance if the wife is unable to maintain herself. The court must assess the wife's financial capacity and the husband's ability to pay. (Paras 2-4) B) Criminal Procedure Code - Maintenance - Quantum - Section 125 CrPC - Husband's Income - The court examined the quantum of maintenance awarded. Held that the husband's income and the wife's needs must be considered. The award of Rs. 4,000 per month was found reasonable given the husband's income as a retired government servant. (Paras 2-4)
Issue of Consideration
Whether the wife is entitled to maintenance under Section 125 CrPC despite her remarriage and alleged income, and whether the quantum of Rs. 4,000 per month is justified.
Final Decision
The petition is dismissed. The maintenance order of Rs. 4,000 per month is upheld.
Law Points
- Maintenance under Section 125 CrPC
- wife's remarriage
- inability to maintain herself
- husband's income
- quantum of maintenance
