Case Note & Summary
The petitioner, Vikas Balakdas Mahant, challenged an order dated 16th October 2014 passed by the Family Court No.1, Nagpur, in Petition No. E-472 of 2013, which allowed an interim maintenance application filed by his wife (respondent no.1) and minor daughter (respondent no.2). The respondents had filed a petition under Section 125 of the Criminal Procedure Code (CrPC) seeking maintenance at Rs. 10,000 and Rs. 15,000 per month respectively. The marriage between the petitioner and respondent no.1 was solemnized on 9th April 1995 and was not disputed, nor was the paternity of the daughter. The daughter was 17 years old, a minor, and a meritorious student requiring educational expenses. The Family Court, without allowing the petitioner to cross-examine the wife on her income affidavit, granted interim maintenance of Rs. 3,000 per month to the wife and Rs. 2,000 per month to the daughter. The petitioner argued that the Family Court erred in not granting him an opportunity to cross-examine the wife, which violated principles of natural justice. The High Court agreed, holding that the husband must be given a chance to cross-examine the wife to ascertain her income and capacity. The court set aside the impugned order and remanded the matter to the Family Court for fresh consideration, directing the Family Court to decide the interim application within two months. However, to protect the daughter's interests, the court directed the petitioner to pay Rs. 3,000 per month to the daughter as interim maintenance until the Family Court's fresh order. The petition was partly allowed.
Headnote
A) Criminal Procedure Code - Maintenance - Interim Maintenance - Section 125 CrPC - Right to Cross-Examine - The Family Court granted interim maintenance to the wife and daughter without allowing the husband to cross-examine the wife on her income affidavit. The High Court held that the husband must be given an opportunity to cross-examine the wife to ascertain her income and capacity, and remanded the matter for fresh consideration. (Paras 6-8) B) Family Law - Maintenance - Quantum - Minor Daughter - Section 125 CrPC - Educational Expenses - The daughter, a minor and meritorious student, is entitled to maintenance including educational expenses. The court directed the husband to pay Rs. 3,000 per month to the daughter as interim maintenance pending final decision. (Para 8)
Issue of Consideration
Whether the Family Court's order granting interim maintenance without affording the husband an opportunity to cross-examine the wife on her income affidavit is sustainable.
Final Decision
The High Court partly allowed the petition. The impugned order dated 16th October 2014 was set aside. The matter was remanded to the Family Court for fresh consideration of the interim application, with a direction to decide it within two months. The Family Court was directed to give an opportunity to the petitioner to cross-examine the wife. Pending the fresh order, the petitioner was directed to pay Rs. 3,000 per month to the daughter (respondent no.2) as interim maintenance.
Law Points
- Interim maintenance under Section 125 CrPC
- Right to cross-examine in maintenance proceedings
- Principles of natural justice
- Quantum of maintenance
