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Judgment
This petition has been filed under Section 482 of the Cr.P.C.
against the order dated 18.1.2016 passed by 9 th Additional Sessions Judge,
Bhopal in Criminal Revision No.86/2015 arising out of order dated
12.11.2014 passed by the learned JMFC, Bhopal in MJC No.827/2013,
whereby the learned JMFC has refused to grant the maintenance under
Section 125 of the Cr.P.C. to the applicant and learned appellate Court
allowed maintenance allowance of Rs.1,000/- per month in favour of the
applicant.
The applicant has prayed for enhancement the maintenance
amount upto Rs.5,000/- in place of Rs.1,000/- per month on the grounds
that the respondent has proper source of income. He is earning a sum of
Rs.3,00,000/- annually. The applicant is living on the mercy of her parents.
In these hiking days of price, the applicant is unable to maintain herself in
a pity amount of Rs.1,000/- per month.
Heard and perused the record.
Rule of best evidence is not applicable in maintenance
proceedings. The proceedings being the quasi civil proceedings,
probabilities are required to be brought on record. When the husband
(respondent) is an able person, it has to be inferred that he has the means
to pay the maintenance. It is the solemn duty of the husband and he
cannot run away from his duties by simply saying that he has no earnings.
It is not in dispute that the respondent is working as Home
Guard and receiving a fix salary. Learned 9 th Additional Sessions Judge,
Bhopal has found that the respondent was earning a sum of Rs.6,000/-
per month as salary. After the death of his father, the respondent has an
agricultural land in his possession, therefore, the respondent has an
income of Rs. 1? lacks from agricultural land. Learned lower appellate
Court allowed the maintenance application of the applicant under Section
125 of the Cr.P.C. and granted a sum of Rs.1,000/- per month in favour of
the applicant. At the time of presentation of maintenance application
under Section 125 of the Cr.P.C. in the year 2013 till now it is not in
dispute that rate of essentials things/daily needs is regularly increasing day
by day. Any major person cannot survive in the sum of Rs.1,000/- per
month. Hence, The applicant is entitled to get the maintenance according
to the status and salary of the respondent.
In case of "Bhuwan Mohan Singh Vs. Meena AIR 2014
SC 869, it is held that Section 125 of the Cr.P.C. was conceived to
ameliorate the agony, anguish, financial suffering of a woman who left her
matrimonial home for the reasons provided in the provision so that some
suitable arrangements can be made by the Court and she can sustain
herself and also her children if they are with her. The concept of
sustenance does not necessarily mean to lead the life of an animal, feel
like an unperson to be thrown away from grace and roam for her basic
maintenance somewhere else. She is entitled in law to lead a life in the
similar manner as she would have lived in the house of her husband.
Keeping in view the above discussion, the present petition is
partly allowed. The impugned order dated 18.1.2016 is set aside. It is
directed that the respondent shall pay the maintenance amount of
Rs.2,000/- per month to the applicant from the date of order of JMFC i.e.
on 12.11.2014.