Gurmeet And Ors vs Jaswant Kaur And Ors

Both these revision petitions have been filed by the petitioner husband and wife respectively challenging the order dated 07.07.2017 passed by the Family Court, Sriganganagar in Criminal Case No. 197/2016 by which the Family Court, Sriganganagar awarded compensation in the sum of Rs. 25,000/-in favour of the wife Jaswant Kaur from the date of passing of order.

Counsel for the petitioner husband submits that earlier the Family Court granted interim maintenance in the sum of Rs. 12,000/- and now it has been increased to higher side which is not only on the higher side but excessive. It is submitted that petitioner husband is a teacher in a Government school where he draws monthly salary in the sum of Rs. 36,940/-. While relying upon the judgment passed by the Hon'ble Supreme Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury (S.L.P. (C) No. 34653/2016) it is submitted that 25% of the husbands net salary would be just and proper to be awarded as maintenance to the respondent wife. Therefore, the impugned order is liable to be modified and the amount may be reduced adequately.

On the other hand, the learned Counsel for the respondent-wife argued that she is having no independent source of income and since the husband has neglected and refused to maintain her, she is entitled for maintenance. The Family Court after taking into consideration the salary of the husband has awarded the maintenance in the sum of Rs. 25,000/- to the wife which is absolutely legal and does not call for any interference. On the contrary, the Family Court has awarded the maintenance from the date of passing of order and in fact it should have been ordered from the date of application.

I have heard learned counsel for the parties, perused the impugned order and scanned the entire record.

Section 125 of the Code makes provision for the grant of maintenance to wives, children and parents. Sub-section (1) of Section 125 inter alia says that if any person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife.

A holistic reading of the provisions would clearly reveal that the responsibility and liability of a person to maintain his wife, children and parents rests on the condition that if any person having sufficient means neglects or refuses to maintain them (wife, children, parents), he can be ordered to make a monthly allowance for maintenance for his wife or child or parents at such monthly rate.

In the instant case, the learned Family Court after considering the entire evidence held the wife to be entitled for maintenance as the husband neglected to maintain her. It is not disputed that the husband Gurmeet Singh is a teacher in a Government school and earning a sum of Rs. 36,941/- per month. However, this Court is of the opinion that amount of maintenance awarded to the wife must be befitting the status of the parties and capacity of the husband to pay maintenance as the maintenance is always dependent upon the factual situation of the case. Therefore, in the interest of justice, it is deemed just and proper to reduce the amount of maintenance from Rs. 25,000/- to Rs.18,000/-. But the Family Court without assigning any reason has ordered the maintenance to be paid from the date of order, which in the opinion of this Court is contrary to the provisions of Section 125 Cr.P.C. and it should be from the date of filing of application

Accordingly, the revision petitions are partly allowed. The impugned order dated 07.07.2017 is hereby modified and it is ordered that the husband Gurmeet Singh shall now pay an amount of Rs. 18,000/- instead of Rs.25,000/- to the respondent wife towards maintenance under Section 125 Cr.P.C from the date of filing of the application. The amount already paid by the husband shall be adjusted against the arrears of maintenance.

Both the revision petitions are disposed of in above terms. The stay applications also stand disposed of. The record of the Family Court be sent back forthwith.