Case Note & Summary
The petitioner, Nitin Bansi Jadhav, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging the order of the learned Magistrate dated 25.06.2015 and the judgment of the learned Additional Sessions Court, Shahada dated 22.02.2016. The Magistrate had directed the petitioner to pay compensation of Rs.15,000 to the first respondent (his wife) and monthly maintenance of Rs.2,000 to respondent No.1 and Rs.3,000 to respondent No.2 (his son) from the date of the order. The petitioner contended that maintenance should be effective from the date of the order, not from the date of the application, and that the quantum was unjustifiable as his net salary was only Rs.13,000 per month as per the salary certificate of January 2015, whereas his salary at the time of the application (28.06.2013) was much less. The court considered the arguments and held that maintenance under Section 125 CrPC can be granted from the date of application, but the quantum must be proportionate to the husband's income. The court reduced the monthly maintenance to Rs.1,500 for the wife and Rs.2,000 for the child, effective from the date of the application. The court also noted that the petitioner's inability to balance relationships with his parents and wife did not justify neglect of his wife and child. The petition was partly allowed, modifying the maintenance quantum.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Date of Effect - Maintenance can be awarded from the date of application, not necessarily from the date of order, as per the discretion of the Magistrate. The court upheld the order granting maintenance from the date of application. (Paras 2-5)
B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum - The quantum of maintenance must be proportionate to the husband's income at the time of application. The court reduced the monthly maintenance to Rs.1,500 for the wife and Rs.2,000 for the child, considering the husband's salary of Rs.13,000 per month. (Paras 2-5)
Issue of Consideration
Whether maintenance under Section 125 CrPC should be granted from the date of application or from the date of the order, and whether the quantum of maintenance is justifiable based on the husband's salary.
Final Decision
The petition is partly allowed. The impugned orders are modified to the extent that the monthly maintenance payable to respondent No.1 (wife) is reduced to Rs.1,500 per month and to respondent No.2 (son) is reduced to Rs.2,000 per month, from the date of the application (28.06.2013). The compensation of Rs.15,000 is upheld. Rule made absolute accordingly.
Law Points
- Maintenance under Section 125 CrPC can be granted from date of application
- not necessarily from date of order
- Quantum of maintenance must be based on income at time of application
- Husband's inability to balance relationships does not justify neglect of wife
Case Details
2016 LawText (BOM) (07) 30
Criminal Writ Petition No. 699 of 2016
Mr. A.S. Savale for Petitioner, Mr. D.M. Pingale for Respondent
Sau. Pallavi Nitin Jadhav and Mitesh Nitin Jadhav (minor through legal guardian)
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Nature of Litigation
Criminal Writ Petition challenging orders of maintenance under Section 125 CrPC.
Remedy Sought
Petitioner sought to set aside the orders granting maintenance from date of application and reduce the quantum.
Filing Reason
Petitioner aggrieved by Magistrate's order dated 25.06.2015 directing payment of compensation and monthly maintenance, and by Sessions Court judgment dated 22.02.2016 dismissing his application and allowing wife's revision.
Previous Decisions
Magistrate's order dated 25.06.2015 granted maintenance of Rs.2,000 per month to wife and Rs.3,000 per month to child from date of order, plus compensation of Rs.15,000. Sessions Court judgment dated 22.02.2016 dismissed petitioner's application and allowed wife's revision, effectively upholding maintenance from date of application.
Issues
Whether maintenance under Section 125 CrPC should be granted from the date of application or from the date of the order?
Whether the quantum of maintenance is justifiable based on the husband's salary?
Submissions/Arguments
Petitioner argued that maintenance should be effective from date of order, not application, and that quantum was excessive as his salary was only Rs.13,000 per month.
Petitioner contended that he was compelled to live with parents due to wife's whimsical attitude, and he did not intend to neglect his wife.
Ratio Decidendi
Maintenance under Section 125 CrPC can be granted from the date of application, but the quantum must be proportionate to the husband's income at the time of application. The court has discretion to fix the date of effect, and the quantum should not be excessive.
Judgment Excerpts
The petitioner is aggrieved by the order of the learned Magistrate dated 25.06.2015 by which the petitioner is directed to pay compensation of an amount of Rs.15,000/ to the first respondent and pay Rs.2,000/ per month to respondent No.1 and Rs.3000/ per month to respondent No.2 from the date of its order.
Contention is that the order of the Court granting maintenance should necessaraily be made effective from the date of the order and not from the date of the application.
Procedural History
The petitioner filed an application under Section 125 CrPC before the Magistrate, who passed an order on 25.06.2015 granting maintenance. The petitioner filed a Criminal Application and the respondent No.1 filed a Criminal Revision before the Additional Sessions Court, Shahada, which passed a judgment on 22.02.2016 dismissing the petitioner's application and allowing the respondent's revision. The petitioner then filed the present Criminal Writ Petition before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125
