Case Note & Summary
The petitioner, Pinky Mahendra Kumar Jain, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 5th May 2016 passed by Family Court No.2, Mumbai, in Petition No.E-199 of 2015. The Family Court had allowed her application for interim maintenance under Section 125 of the Code of Criminal Procedure, 1973, granting Rs.5,000 per month each to the petitioner and her two minor school-going children. The petitioner sought enhancement of the maintenance amount to Rs.2,00,000 per month, contending that the respondent-husband, Mahendra Pukhraj Jain, was dealing in gold and silver business, owned three shops and five flats, and had a monthly income exceeding Rs.20,00,000. The respondent opposed the petition, submitting that his income was only Rs.15,000 to Rs.20,000 per month as per his Income Tax Returns, and that the business and properties belonged to the joint family, not him individually. The High Court perused the impugned order and the Income Tax Returns filed by the respondent, which revealed that as on 31st March 2011, the respondent held assets including Mangal Keshav Securities of Rs.5,00,000, Silver Palace Assets of Rs.5,25,000, assets of Mukesh P. Jain to the tune of Rs.13,00,000, and assets of Citizen Co-operative Bank Ltd. The Court noted that the respondent had not produced any subsequent Income Tax Returns to show a change in his financial status. Considering the assets held by the respondent and the needs of the petitioner and her children, the Court found the interim maintenance of Rs.5,000 per month each to be inadequate. The Court enhanced the maintenance to Rs.15,000 per month for the petitioner and Rs.10,000 per month for each child, payable from the date of the application before the Family Court. The Court directed the respondent to pay the arrears within six months and to continue paying the enhanced maintenance regularly. The petition was disposed of accordingly.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Interim Maintenance - Quantum - Wife and two minor children sought enhancement of interim maintenance from Rs.5,000 each per month to Rs.2,00,000 per month - Husband claimed income of Rs.15,000-20,000 per month from salary, but his Income Tax Returns showed assets including securities and properties - Held that the Trial Court's award of Rs.5,000 per month each was inadequate; considering the husband's assets and the wife's needs, maintenance enhanced to Rs.15,000 per month for the wife and Rs.10,000 per month for each child (Paras 1-7).
Issue of Consideration
Whether the quantum of interim maintenance awarded by the Family Court to the wife and her two minor children is adequate, given the husband's alleged income and assets.
Final Decision
The High Court allowed the petition in part, enhancing the interim maintenance to Rs.15,000 per month for the petitioner and Rs.10,000 per month for each child, payable from the date of the application before the Family Court. The respondent was directed to pay arrears within six months and continue payment regularly.
Law Points
- Interim maintenance under Section 125 CrPC
- quantum of maintenance
- consideration of assets and income
- wife's entitlement to maintenance commensurate with husband's status
