Petitioner husband challenged maintenance order granted to wife under Section 125 CrPC. Court held quantum reasonable, noted Sessions Court allowed adjustment already, and rejected claim that wife's separation negated entitlement. Writ petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 840 OF 2018
SAYYED NASIR HUSEN VERSUS SAYYED JABIN NASIR AND ANOTHER
Mr. N. C. Garud, Advocate for Petitioner Mr. M.M. Choudhari Advocate for Respondent No.1
CORAM : S. G. CHAPALGAONKAR, J. DATE : 04.11.2023
PER COURT :
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921 sr.no..odt
vide order dated 5.10.2017 and maintenance amount of Rs.2,500/-p.m. alongwith monthly rent allowance @ 1,500/- has been granted. Mr. Garud would submit that, respondent wife is entitled to recover maintenance under either of the provisions or atleast, there must be some adjustment of the amount. However, this aspect is not considered by the Court below. He would further submit that, respondent wife left the company of the husband on her own volition. Relying upon her cross-examination, he would submit that respondent is not willing to join company of husband although the husband is ready and willing to maintain her. As such, she is not entitled for maintenance under provision of Section 125 of Code of Criminal Procedure.
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921 sr.no..odt
by way of maintenance cannot be said to excessive and exorbitant. Therefore, the submissions on quantum of maintenance advanced on behalf of petitioner cannot be accepted. So far as adjustment of maintenance amount under provision of Section 125 of Code of Criminal Procedure and Protection of Women from Domestic Violence Act, 2005 is concerned, the right of petitioner for adjustment of amount has been approved by Sessions Court in Criminal Revision Application No. 96/2019. In that view of the matter, no further directions are required. The order of Sessions Court would govern.
JUDGE
grt/-
3 issues framed by the court
Whether the petitioner husband is entitled to maintain and defend the order granting maintenance under Section 125 CrPC to the respondent wife.
Whether adjustment of maintenance amounts awarded under Section 125 CrPC and Protection of Women from Domestic Violence Act, 2005 was appropriately directed by lower courts.
Whether the respondent wife's voluntary separation or neglect by the husband exempts her from entitlement to maintenance.
Sayyed Nasir Husen
Sayyed Jabin Nasir
S. G. Chapalgaonkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
