Husband challenged Family Court's order granting wife Rs. 2,000 per month interim maintenance, arguing she left without sufficient cause and he lacked income. The court upheld the order as reasonable given the parties' finances and dismissed the revision petition.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 394 of 2023
Versus
---- Non-applicant
| For Applicant | : Ms. Samiksha Gupta, Advocate |
|---|---|
| For Non-applicant/State | : None. |
Hon’ble Justice Shri Ravindra Kumar Agrawal
Order On Board
10.06.2024
grant of interim maintenance. In the application she averred the reasons for residing separately from her husband, the source of her income and submitted that she is having no source of income and facing financial hardship and therefore maintenance/interim maintenance is to be granted to her.
are to be decided in the trial. However, the question would be as to whether the respondent wife is entitle for grant of interim maintenance or not. Section 125 of Cr.P.C is mean to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides speedy remedy for the supply of food, clothing and shelter to the deserted wife. While considering the application under Section 125 of Cr.P.C., it has to be consider the dominant and primary object to give social justice to the women, child and infirm parents. The provisions of Section 125 of Cr.P.C. is the benevolent provisions is clearly spells that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation. The circumstances in which maintenance amount is being granted to the wife, children and parents is having a comprehensive phrase which includes the financial circumstances of the husband which has to be considered while passing the order of maintenance and the quantum of amount of maintenance. The learned Family Court, Durg while passing the order dated 06.02.2023 have consider the affidavit submitted by the applicant husband which has been filed the compliance of the judgment passed by the Hon’ble Supreme Court in the case of Rajnesh vs. Neha 2021 (2) SCC 324 and have passed the order of maintenance of Rs. 2,000/- considering the dependency and liability upon the applicant husband, the financial condition of the parties and also the requirement of the respondent/wife in the present cost of living and has passed the order of interim maintenance from the date of maintenance application which can not be said to be erroneous or can not be said that the amount awarded towards interim maintenance is exorbitant or excessive.
dismissed .
Sd/-
(Ravindra Kumar Agrawal) Judge
vaishali
1 issue framed by the court
Whether the wife residing separately since 2018 is entitled to interim maintenance under Section 125 CrPC.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Ajay Ratnani
Varsha Ratnani
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
