Smt. Pooja vs State Of Rajasthan And Ors

Heard the learned counsels for the parties.

The present revision petition has been filed by the petitioner against the order dated 19.01.2017 in Criminal Misc Case No. 1557/2014 whereby, learned Judge Family Court, Sriganganagar allowed the application filed by the petitioner under Section 125 Cr.P.C. directing the respondent no.2 to pay maintenance of Rs. 3000/- per month to petitioner.

Brief facts of the case are that the marriage of the petitioner and respondent no.2 was solemnized as per Hindu rites and out of the said wedlock, two children were born, out of which one child is living with the respondent no.2. The petitioner filed an application under Section 125 Cr.P.C. before the court below and stated that after some time of marriage, the relation between the petitioner and husband respondent no.2 became strained as the petitioner was subjected to cruelty and harassment so also demanded more dowry. It is also stated that after some time, the petitioner came to know that the respondent no.2 is having illicit relationship with another woman Pramila. Thus, by filing the application under Section 125 Cr.P.C. the petitioner demanded maintenance of sum of Rs.15,000/- per month. However, the learned Family court awarded a meagre sum of Rs.3,000/- per month.

Learned counsel for the petitioner submits that petitioner is a poor lady having no independent source of income whereas, the respondent no.2 is having two shops and earning a sum of Rs. 40,000/- per month, therefore, the amount of maintenance may be adequately enhanced.

Per contra, counsel for the respondent no.2 submits that the respondent no.2 is only earning a sum of Rs. 6,000/- per month from mechanic whereas, the petitioner is capable of maintaining herself, therefore, she is not entitled for any amount under Section 125 Cr.P.C. It is argued that the respondent no.2 is taking care of their son who is suffering from epilepsy and he has to take care of his old aged parents also, therefore, no case is made out for enhancement of the maintenance amount awarded by the Family Court. It is also submitted that the petitioner has filed the petition only with a view to harass the respondent no.2.

I have considered the rival argument so also carefully scanned the entire record.

A holistic reading of the provisions of Section 125 Cr.P.C 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 of his wife or child or parents at such monthly rate. In the instant case, on perusal of the record, it is evident that the petitioner is not having any independent source of income and on the contrary, the respondent no.2 is having one shop and earning through mechanic work. Further the respondent no.2 is also looking after his son who is suffering from epilepsy, therefore, in these circumstances, it will be just and appropriate to enhance the amount of maintenance from Rs.3,000/- to Rs.4,000/- per month from the date of passing of this order. It is not disputed that the respondent has paid the amount of maintenance to the petitioner till date, therefore, the enhanced amount of maintenance shall be now payable to the petitioner from today.

The revision petition stands disposed of. Record of the trial court be sent back forthwith.