Case Summary:In a recent judgment, the Allahabad High Court, presided over by Justice Surendra Singh*, addressed a criminal revision challenging the Family Court’s decision to grant maintenance to the wife and two children.
The revision was dismissed, affirming the Family Court’s decision to award Rs. 25,000 per month as maintenance.
Factual Background:The wife, citing mental and physical harassment for dowry and refusal of maintenance, filed an application under Section 125 of the Code of Criminal Procedure (CrPC). Despite failed attempts to register an FIR, she sought financial support, stating her husband’s earnings as a Constable in CRPF stood at Rs. 40,000 per month in 2018. The Family Court granted maintenance of Rs. 15,000 per month for the wife and Rs. 5,000 each for the two children.
Court’s Analysis and Decision:The court affirmed the Family Court’s decision, stating no illegality was committed in fixing the maintenance amount. It dismissed the husband’s claims regarding LIC premiums and loans for plots, noting these are not permissible deductions from gross salary.
Key Points Highlighted:- The court referenced precedents to underscore the husband’s obligation to maintain his wife and children.- It clarified that Section 125 of the CrPC places the burden on the husband to show his inability to discharge his obligation.- The court emphasized the importance of considering only the present income of the husband and wife when determining maintenance.- It noted that maintenance laws aim to prevent dependant family members from falling into destitution and vagrancy.
Conclusion:The judgment reaffirms the obligation of husbands to provide financial support to their dependants and ensures the financial well-being of vulnerable family members.[Judgment Reference: Rana Pratap Singh v. Neetu Singh, 2024 SCC OnLine All 905, Order dated: 29-03-2024]