Case Note & Summary
The petitioner, Sri Y.G. Rajesh, filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 16.08.2023 passed by the I Additional Principal Judge, Family Court, Mysuru, in Crl.Misc.No.329/2020. The Family Court had partly allowed the petition filed by the respondents (wife and minor daughter) under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.), granting maintenance of Rs. 12,000 per month (Rs. 8,000 for the wife and Rs. 4,000 for the child). The husband contended that the amount was excessive given his income of Rs. 15,000 per month as a driver. The relationship between the parties as husband, wife, and daughter was not disputed. The wife alleged ill-treatment and cruelty, forcing her to live separately. The High Court, after considering the submissions, held that maintenance under Section 125 Cr.P.C. is intended to prevent vagrancy and destitution, not to equalize income. The court noted that the wife is capable of earning and that the husband's income is limited. Consequently, the court reduced the total maintenance to Rs. 8,000 per month (Rs. 5,000 for the wife and Rs. 3,000 for the child) from the date of the petition, with arrears to be paid within three months. The revision petition was partly allowed.
Headnote
A) Family Law - Maintenance under Section 125 Cr.P.C. - Quantum of Maintenance - The husband challenged the order granting Rs. 12,000 per month to wife and child as excessive. The court held that maintenance is to prevent vagrancy and must be based on the husband's income and the claimants' needs. Considering the husband's income of Rs. 15,000 per month and the wife's earning capacity, the court reduced the maintenance to Rs. 8,000 per month (Rs. 5,000 for wife and Rs. 3,000 for child) from the date of petition. (Paras 1-6)
Issue of Consideration
Whether the maintenance amount of Rs. 12,000 per month granted to the wife and child under Section 125 Cr.P.C. is excessive and requires reduction.
Final Decision
The revision petition is partly allowed. The order dated 16.08.2023 in Crl.Misc.No.329/2020 is modified. The petitioner is directed to pay maintenance of Rs. 5,000 per month to the wife and Rs. 3,000 per month to the child, totaling Rs. 8,000 per month, from the date of petition. Arrears to be paid within three months.
Law Points
- Maintenance under Section 125 Cr.P.C. is to prevent vagrancy and destitution
- not to equalize income
- quantum must be based on the husband's actual income and needs of the claimants
- revision under Section 19(4) of Family Courts Act
- 1984 is limited to jurisdictional error or perversity.
