Case Note & Summary
The petitioners, wife and minor son, filed an application under Section 482 CrPC challenging the judgment and order dated 31.1.2006 passed by the Additional Sessions Judge, Amravati in Criminal Revision Application No.61/2005, which confirmed the order of the Judicial Magistrate First Class, Warud dated 11.3.2005 awarding maintenance of Rs.400/- per month to the wife and Rs.250/- per month to the son under Section 125 CrPC. The marriage was solemnized on 11.2.2001, and the wife alleged that the husband started beating and ill-treating her, demanding Rs.50,000/- from her parents. During her seventh month of pregnancy, she was taken to her maternal home. The husband issued a notice and later filed divorce proceedings in the Family Court at Nagpur, which awarded interim maintenance of Rs.750/- and Rs.500/- per month to the wife and son respectively from the date of application till March 2003. The petitioners then filed a maintenance application under Section 125 CrPC before the JMFC, Warud, which awarded lower amounts. The Sessions Judge dismissed the revision. The High Court noted that the husband had not challenged the interim maintenance order and that his income was not properly disclosed. Considering the husband's income and the needs of the wife and child, the High Court held that the maintenance amounts were inadequate and enhanced them to Rs.750/- per month for the wife and Rs.500/- per month for the son from the date of application, with arrears to be paid within six months.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The wife and minor son sought enhancement of maintenance from Rs.400/- and Rs.250/- per month respectively, awarded by the Magistrate and confirmed by the Sessions Judge - The High Court held that the amounts were inadequate considering the husband's income and the needs of the claimants - Enhanced maintenance to Rs.750/- per month for wife and Rs.500/- per month for son from the date of application (Paras 1-6).
Issue of Consideration
Whether the maintenance amount of Rs.400/- per month for wife and Rs.250/- per month for minor son awarded by the Magistrate and confirmed by the Sessions Judge is just and proper, and whether the High Court should interfere under Section 482 CrPC to enhance the same.
Final Decision
The High Court allowed the application, set aside the orders of the courts below, and enhanced the maintenance to Rs.750/- per month for the wife and Rs.500/- per month for the minor son from the date of application (11.3.2005). The husband was directed to pay the arrears within six months.
Law Points
- Maintenance under Section 125 CrPC
- quantum of maintenance
- interim maintenance
- revision against maintenance order
- inherent powers under Section 482 CrPC
Case Details
2006 LawText (BOM) (09) 162
Criminal Application No. 811 of 2006
Mrs. P. M. Chandekar for petitioners, Mr. S. S. Murthy for respondent
Smt. Lalita w/o Vinayak Harode and Chi. Aman s/o Vinayak Harode (minor through mother)
Shri Vinayak s/o Natthuji Harode
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Nature of Litigation
Criminal application under Section 482 CrPC for enhancement of maintenance awarded under Section 125 CrPC.
Remedy Sought
Petitioners (wife and minor son) sought enhancement of maintenance from Rs.400/- and Rs.250/- per month respectively to higher amounts.
Filing Reason
The petitioners were aggrieved by the judgment and order dated 31.1.2006 of the Additional Sessions Judge, Amravati in Criminal Revision Application No.61/2005, which confirmed the Magistrate's order awarding inadequate maintenance.
Previous Decisions
The Judicial Magistrate First Class, Warud by order dated 11.3.2005 in Criminal Case No.30/2003 awarded maintenance of Rs.400/- per month to wife and Rs.250/- per month to son. The Additional Sessions Judge, Amravati by judgment dated 31.1.2006 in Criminal Revision Application No.61/2005 dismissed the revision. The Family Court at Nagpur had earlier awarded interim maintenance of Rs.750/- and Rs.500/- per month to the wife and son respectively from the date of application till March 2003.
Issues
Whether the maintenance amount of Rs.400/- per month for wife and Rs.250/- per month for minor son is just and proper?
Whether the High Court should interfere under Section 482 CrPC to enhance the maintenance?
Submissions/Arguments
Petitioners argued that the maintenance amounts were inadequate considering the husband's income and the needs of the wife and child.
Respondent (husband) contended that the amounts were sufficient and that he had no adequate income.
Ratio Decidendi
The High Court held that the maintenance awarded by the Magistrate was inadequate. Considering the husband's income (not properly disclosed) and the needs of the wife and child, the court enhanced the maintenance to Rs.750/- per month for the wife and Rs.500/- per month for the son from the date of application, as the husband had not challenged the interim maintenance order which awarded similar amounts.
Judgment Excerpts
Petitioners who are the wife and son, respectively of respondent-husband have preferred this application under section 482 of Criminal Procedure Code, feeling aggrieved by the judgment and order dated 31.1.2006 passed by the Additional Sessions Judge, Amravati in Criminal Revision Application No.61/2005 arising out of the maintenance proceedings in Criminal Case No.30/2003 whereby the learned Judicial Magistrate First Class, Warud by his order dated 11th March, 2005 had awarded maintenance of Rs.400/- and 250/- per month, respectively to the present petitioners.
Considering the facts and circumstances of the case, the maintenance awarded by the learned Magistrate is not just and proper. Hence, the application is allowed.
Procedural History
The petitioners filed an application under Section 125 CrPC before the Judicial Magistrate First Class, Warud (Criminal Case No.30/2003). The Magistrate awarded maintenance of Rs.400/- per month to wife and Rs.250/- per month to son on 11.3.2005. The petitioners filed a revision before the Additional Sessions Judge, Amravati (Criminal Revision Application No.61/2005), which was dismissed on 31.1.2006. The petitioners then filed the present application under Section 482 CrPC before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125, 482
