Case Note & Summary
The petitioners, Parvin Firoz Shaikh (wife) and her two minor children, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order of the Sessions Judge, Osmanabad, which had reduced the maintenance awarded by the Chief Judicial Magistrate, Osmanabad. The wife was married to respondent No.1 Firoz Sharfuddin Shaikh, and they had two children. The wife alleged that her husband treated her with cruelty, demanded dowry, and married another woman. She filed an application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) seeking maintenance for herself and her children. The Chief Judicial Magistrate allowed the application and granted maintenance of Rs. 500 per month per child and Rs. 750 per month to the wife. The husband challenged this order before the Sessions Judge, who reduced the maintenance to Rs. 300 per month per child and Rs. 500 per month to the wife. The wife then approached the High Court. The High Court considered the submissions of both parties. The husband argued that he was willing to maintain his wife if she lived with him, but the wife refused. The court held that the wife's refusal to live with her husband was justified due to his cruelty and second marriage. The court also noted that the husband was a driver earning about Rs. 5000 per month. Considering the needs of the wife and children, the court found the maintenance awarded by the Sessions Judge to be inadequate. The High Court allowed the writ petition, set aside the order of the Sessions Judge, and restored the order of the Chief Judicial Magistrate with enhancement: maintenance of Rs. 1000 per month per child and Rs. 1500 per month to the wife from the date of application. The court directed the husband to pay the arrears within six months.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Justifiable refusal to live with husband - Wife's refusal to live with husband due to cruelty and husband's second marriage is justified - Held that the wife is entitled to maintenance even if she refuses to live with her husband, as the refusal is based on valid grounds (Paras 5-7). B) Criminal Procedure Code - Maintenance - Quantum - Section 125 CrPC - Enhancement of maintenance - Considering the husband's income and needs of wife and children, maintenance of Rs. 500 per month per child and Rs. 750 per month to wife is inadequate - Held that maintenance is enhanced to Rs. 1000 per month per child and Rs. 1500 per month to wife from the date of application (Paras 8-10).
Issue of Consideration
Whether the wife is entitled to maintenance under Section 125 CrPC when she refuses to live with her husband on the ground of cruelty and the husband's second marriage, and whether the quantum of maintenance awarded by the courts below is adequate.
Final Decision
The High Court allowed the writ petition, set aside the order of the Sessions Judge, and restored the order of the Chief Judicial Magistrate with enhancement: maintenance of Rs.1000 per month per child and Rs.1500 per month to the wife from the date of application. The husband was directed to pay arrears within six months.
Law Points
- Maintenance under Section 125 CrPC
- Justifiable refusal to live with husband
- Cruelty as ground for separate residence
- Second marriage as ground for maintenance
- Quantum of maintenance
