Criminal Procedure Code, 1973
Section 125 (Sec. 144 of the BNSS, 2023)—Maintenance to wife—Rejection of claim—Revision—As per Section 125 of CrPC (Sec. 144 of BNSS), the husband who has means is liable to provide maintenance to wife who is unable to maintain herself—‘Unable to maintain herself’ in Section 125 of CrPC (Sec. 144 of BNSS) does not mean that the wife must be in a state of penury—Law is well settled that even if a wife has the capability to earn or is earning something, it does not disentitled her from claiming maintenance from her husband—Definite case of wife that she does not have any job or source of income—Contention of husband that wife is running a tailoring shop and earns income—Mere fact that in the marriage certificate, the occupation of the wife is shown as tailor, and she has taken membership in the tailors’ association, would not mean that she is actually doing tailoring work and able to maintain herself—No evidence on record to show that wife is actually employed as a tailor and earns income out of it for her livelihood—Even if it is admitted that she visits the tailoring shop of her brother in his absence and does tailoring work, that is not a ground to deny maintenance to her—Wife’s temporary job, even if it provides some income, would not disentitle her to claim maintenance from her husband if she asserts that the said income is insufficient for her maintenance—Finding in the impugned order that the wife is not entitled to claim maintenance from the husband cannot be sustained—Family Court erred in not awarding maintenance to the wife, who does not have any permanent source of income—Husband directed to pay maintenance to the wife.
[Paras 6 & 7]
Section 125(4) (Sec. 144(4) of the BNSS, 2023)—Denial of maintenance to wife—Revision—A wife who chooses to live separately without sufficient reason is disentitled to get maintenance under Section 125(4) of the CrPC—If valid grounds, such as cruelty or desertion, exist, the wife is still entitled to get maintenance—Wife had clearly deposed the various instances of cruelty exercised on her by the husband at different stages of her life—Such instances are sufficient to justify the wife living separately from husband—Order of Family Court denying maintenance to wife—Unsustainable—Husband directed to pay maintenance to wife.
[Paras 8 & 9]
Section 125 (Sec. 144 of the BNSS, 2023)—Maintenance to wife and children—Quantum—Maintenance claimed by children is rupees ten thousand each—Family Court has awarded rupees six thousand each—Considering the requirements of children and means of the husband, the said maintenance awarded by the Family Court appears to be reasonable—Wife is aged 39 years and husband is liable to maintain the wife—Quantum of maintenance for the wife fixed at rupees eight thousand per month.
[Para 11]