Case Note & Summary
The petitioner, Bhagwat Pitambar Borse, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 23.06.2015 passed by the learned Additional Sessions Judge, Bhusawal in Criminal Revision Application No.101/2014, which dismissed his revision against the order dated 07.07.2012 passed by the learned Judicial Magistrate First Class, Yawal rejecting his Miscellaneous Application No.136/2006. The petitioner is the husband of respondent No.1, Anusayabai Bhagwat Borse. The wife had filed an application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) seeking maintenance from her husband. The Magistrate allowed the application and granted maintenance of Rs. 500 per month to the wife. The husband challenged this order by filing a revision before the Sessions Court, which was dismissed. Aggrieved, the husband filed the present writ petition. The main contention of the petitioner was that he had no income and that the wife was earning, therefore she was not entitled to maintenance. The court considered the submissions and held that the husband's plea of having no income is not a ground to deny maintenance as he is capable of earning. The wife's earning capacity does not absolve the husband from his liability to maintain his wife. The quantum of maintenance of Rs. 500 per month was found to be reasonable and not excessive. The court further held that the revisional court did not commit any error in dismissing the revision as the order of the Magistrate was neither illegal nor perverse. The High Court found no ground to interfere with the concurrent findings. Accordingly, the writ petition was dismissed. Rule discharged.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The petitioner-husband challenged the maintenance order of Rs. 500 per month granted to the wife, contending that he had no income and that the wife was earning. The court held that the husband's plea of no income is not a ground to deny maintenance as he is capable of earning. The wife's earning capacity does not absolve the husband from his liability to maintain his wife. The quantum of maintenance is reasonable and not excessive. (Paras 1-10) B) Criminal Procedure Code - Revision - Maintainability - Section 397 CrPC - The revisional court dismissed the revision against the maintenance order. The High Court held that the revisional court did not commit any error in dismissing the revision as the order of the Magistrate was neither illegal nor perverse. The High Court found no ground to interfere with the concurrent findings. (Paras 1-10)
Issue of Consideration
Whether the petitioner-husband is entitled to challenge the maintenance order under Section 125 CrPC on the ground that he has no income and that the wife is earning, and whether the revisional court erred in dismissing the revision.
Final Decision
The writ petition is dismissed. Rule discharged.
Law Points
- Maintenance under Section 125 CrPC is not dependent on actual income but on capacity to earn
- Wife's own income does not absolve husband from paying maintenance
- Revision against maintenance order is not maintainable if no illegality or perversity
- Quantum of maintenance is discretionary and not to be interfered with lightly
