High Court dismissed the criminal revision against a Family Court order granting Rs. 8000/month maintenance to the wife, holding that the amount was reasonable relative to the petitioner's income and that criminal revision does not determine fault in separation.
Consequent dismissal of IA No.01/2017 for interim relief.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.416 of 2017
---- Revisioner/Applicant
Versus
---- Non Revisioner/Respondent
For Revisioner/applicant : Shri Rahul Tamaskar, Advocate For respondent : Shri Vimlesh Bajpai, Advocate
Hon'ble Shri Justice Ram Prasanna Sharma Order On Board
14.11.2017
2 . This revision has been preferred against the order dated 28.02.2017 passed by Additional Principal Judge, Family Court, Bilaspur (CG) in Misc. Judicial Case No.416/2016 wherein the said Court granted maintenance of Rs.8000/- per month to nonrevisioner, who is the wife of the revisioner.
3 . Learned counsel for the revisioner submits that income of the revisioner is not proved before the Family Court and the maintenance awarded is on higher side.
4 . From perusal of the record of the Family court, it appears that the revisioner has admitted the income of Rs.20,000/- per month. Non-revisioner is his wife and she will be kept on the same status that of her husband. Relation between the parties is
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admitted. There is evidence that the revisioner harassed the nonrevisioner and that is why she is living separately and she has good reason to live separately from the revisioner. The revisioner is at liberty to file application for restitution of conjugal rights. Enquiry under Section 125 of the CrPC is summary enquiry in which it cannot be decided as to which party was wrong in living separately. It is provided for day to day maintenance till the wife is living separately. The amount awarded by the Family court cannot be termed out as disproportionate or unreasonable looking to the income of the revisioner. No legal issue is involved in the present revision.
5 . The revision is accordingly dismissed at the motion stage itself. Consequently, IA No.01/2017 for interim relief stands dismissed.
Sd/-
(Ram Prasanna Sharma)
JUDGE
Bini
2 issues framed by the court
Whether the maintenance amount awarded by the Family Court is disproportionate considering the husband's admitted income.
Whether separation was due to harassment affects the awarding of maintenance under Section 125 CrPC.
1 provisions across 1 enactments
Pankaj Majithia
Smt. Charusheela
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
