Case Note & Summary
The case involves two criminal revision applications arising from a common judgment and order dated 15th & 17th February, 2014 passed by the Family Court, Nagpur. The Family Court had rejected the husband's petition for dissolution of marriage (Petition No.A.906/2007) and allowed the wife's petition for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.), granting Rs.2,000 per month to the wife Venu and Rs.1,000 per month to the child Atish. The wife and child filed Criminal Revision No.6/2016 seeking enhancement of maintenance, while the husband filed Criminal Revision No.7/2016 seeking to set aside the maintenance order. The High Court heard both revisions together. The husband's counsel argued that the agricultural land belonged to the entire paternal family and that the husband had six brothers with shares, making it difficult for him to pay even the granted maintenance. He also claimed that the wife had received a huge amount by selling something, but this was not substantiated. The wife's counsel argued that the maintenance was inadequate given the husband's income from agriculture and business, and the rising cost of living. The court considered the submissions and evidence, noting that the husband had not provided sufficient proof of his income or the alleged receipt by the wife. The court found that the husband had the capacity to pay higher maintenance, as he was engaged in agriculture and business. Taking into account inflation and the needs of the wife and child, the court enhanced the maintenance to Rs.3,000 per month for the wife and Rs.2,000 per month for the child, effective from the date of the application. The husband's revision was dismissed, and the wife's revision was partly allowed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 Cr.P.C. - Quantum of Maintenance - The court considered the husband's income from agricultural land and business, and the needs of the wife and child, and enhanced maintenance from Rs.2,000 to Rs.3,000 per month for the wife and from Rs.1,000 to Rs.2,000 per month for the child, taking into account inflation and the husband's capacity to pay. (Paras 4-6) B) Criminal Procedure Code - Maintenance - Section 125 Cr.P.C. - Enhancement of Maintenance - The court held that the maintenance amount granted by the Family Court was inadequate and required enhancement to meet the basic needs of the wife and child, considering the husband's income and the rising cost of living. (Paras 5-6)
Issue of Consideration
Whether the maintenance granted under Section 125 Cr.P.C. to the wife and child is adequate and whether the husband has sufficient means to pay enhanced maintenance.
Final Decision
Criminal Revision No.6/2016 is partly allowed. Maintenance for wife Venu is enhanced from Rs.2,000 to Rs.3,000 per month and for child Atish from Rs.1,000 to Rs.2,000 per month, effective from the date of application. Criminal Revision No.7/2016 is dismissed.
Law Points
- Maintenance under Section 125 Cr.P.C.
- Enhancement of maintenance
- Quantum of maintenance
- Husband's income assessment
- Inflation and cost of living
