Criminal Procedure Code, 1973
Section 125—Grant of maintenance to wife—Revision—Maintenance can be awarded to the wife, when she is unable to maintain herself—Wife is a Post-Graduate, a Web Designer by qualification, and is working as a Senior Sales Coordinator in a Private Limited Company, getting salary of Rs. 36,000 per month—As per the provision of Section 125(1) (a) of CrPC, the wife is not entitled to get any maintenance from her husband/revisionist as she is an earning lady and able to maintain herself—Even she did not came before the trial court with clean hands—Wife does not deserve any sympathy and is not entitled to receive maintenance from the revisionist—Impugned judgment and order passed by the Family Court is set aside—Petition allowed.
[Paras 9 to 11 & 15]
Practice and Procedure
A litigant is bound to make “full and true disclosure of facts”—If a petitioner is guilty of suppression of very important fact his case cannot be considered on merits.
Held : When a person approaches a Court, he should approach the Court not only with clean hands but also with clean mind, clean heart and clean objective. It is a law of nature that one should not be enriched by the loss or injury to another. The judicial process should never become an instrument of appreciation or abuse or a means in the process of the Court to subvert justice. No litigant has a right to unlimited drought on the Court time and public money in order to get his affairs settled in the manner he wishes. Easy, access to justice should not be misused as a licence to file misconceived and frivolous petitions.
[Para 13]