Case Note & Summary
The case involves a criminal revision application filed by Keshaorao Ramchandra Wairagade (husband) challenging the order of the Family Court, Nagpur, dated 10.8.2004, which awarded maintenance of Rs.500 per month to his wife, Pramila Wairagade, under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The wife had filed a petition for maintenance for herself and her daughter, claiming that she was the legally wedded wife of the husband, married in April 1975. They resided together at Tumsar, but the husband started ill-treating her. In April 1979, she filed a maintenance petition (Misc. Criminal Application No.22/1991), which was decided in her favor. During execution proceedings, the parties compromised and resumed cohabitation, but the husband's behavior did not improve. The wife alleged that on 24.2.1998, the husband beat her and poured kerosene on her, leading her to live separately. She filed the maintenance application on 19.4.1998. The husband opposed the claim, denying the allegations and contending that the wife was earning Rs.1,500 per month by stitching and that she had deserted him. The Family Court, after considering evidence, awarded maintenance of Rs.500 per month to the wife from the date of petition, rejecting the daughter's claim as she had married. The husband filed the revision under Section 19(4) of the Family Courts Act, 1984. The High Court examined the evidence and found that the husband had not proved that the wife was earning or that she had deserted him. The court noted that the wife's ability to earn does not disentitle her to maintenance if she is unable to maintain herself. The husband's salary was Rs.3,500 per month, and he had no other dependents, so Rs.500 was reasonable. The court also upheld the Family Court's discretion to award maintenance from the date of petition. The revision was dismissed, and the order of the Family Court was confirmed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Wife's Right to Maintenance - The wife claimed maintenance alleging ill-treatment and desertion by husband. Husband contended wife was earning and had deserted him. Court held that wife's ability to earn does not automatically disentitle her to maintenance if she is unable to maintain herself, and that husband failed to prove wife's income or desertion. Maintenance of Rs.500 per month upheld. (Paras 1-10) B) Criminal Procedure Code - Maintenance - Quantum - Section 125 CrPC - The Family Court awarded Rs.500 per month to wife. Husband argued it was excessive. Court found that husband's salary was Rs.3,500 per month and he had no other dependents, so Rs.500 was reasonable. (Paras 8-10) C) Criminal Procedure Code - Maintenance - Date of Award - Section 125 CrPC - The Family Court granted maintenance from date of petition (19.4.1998). Husband challenged this. Court held that the Family Court has discretion to award maintenance from date of petition, and no interference was warranted. (Paras 9-10)
Issue of Consideration
Whether the Family Court was justified in awarding maintenance of Rs.500 per month to the wife from the date of petition, and whether the wife's alleged income and desertion disentitle her to maintenance.
Final Decision
The High Court dismissed the criminal revision application and confirmed the order of the Family Court awarding maintenance of Rs.500 per month to the wife from the date of petition.
Law Points
- Maintenance under Section 125 CrPC
- wife's ability to earn
- quantum of maintenance
- date from which maintenance is payable
- compromise and resumption of cohabitation
- desertion by wife
