Criminal Procedure Code, 1973
Section 125—Order granting rupees forty thousand per month maintenance to wife—Revision—Contention raised on behalf of petitioner that he does not possess any source of income ipso facto does not exonerate him from his moral duty to maintain his wife if he is able bodied man, capable enough of earning—On the basis of material placed on record before the High Court and the Family Court and even considering the contradictions in the versions of the petitioner and the other evidence brought on  record, at best, the Family Court could have guessed the income of the petitioner to be Rs. 90,000 per month—Considering the income of petitioner to be Rs.90,000 per month, along-with the fact that respondent is also educated and can work and earn for herself and also the fact that here is no child born from the wedlock, the impugned order modified to the extent that amount of maintenance awarded to the respondent and payable by the petitioner be reduced from Rs.40,000 per month to Rs.30,000 per month—Amount paid already by the petitioner to the respondent shall stand adjusted in future maintenance amount payable to the respondent.
[Paras 15, 20 to 22]
Decision : Petition allowed in part