Decision of the trail court challenged
‘X’ being aggrieved by the order of the Family Court, Bhandara under section 125 CrPC on 1st August 2022 where the learned judge awarded a maintenance of INR 8000 per month to the wife and 5000 each to the children 1 and 2. Further, responsibility of all educational expense of children 1 and 2 are put on X.
Brief background of the case
In this case, the respondent 1 is the wife of X who had filed an application under section 125 CrPC claiming maintenance of INR 39000 per month to maintain herself and her 2 children. She claimed that she is unable to maintain herself and her children while the petitioner husband is earning an income of INR 100,000 per month from his business.
The Family Court considered 2 aspects – (1) weather the wife is unable to maintain herself and her children (2) weather the applicant husband needs to provide maintenance and if he has refused or neglected to provide the same.
The family court judge awarded a maintenance of INR 8000 per month to the Respondent 1, the wife and INR 5000 each to the children, Respondent 2 and Respondent 3. In addition, the family court judge also ordered the petitioner husband to bear entire education expense for the kids.
Issue before the High Court
If the applicant husband has made efforts to co-habit and is agreeing to live together, does that mean the respondent wife is living away without any reason and hence is not eligible to claim maintenance under 125 CrPC
The wife admitted in cross examination that attempts were made by the husband to bring her back and she did not respond
The husband is agreeing to bear the maintenance of the children and the education expense
Observations of the court
Even if he is in financial distressful condition, he cannot avoid to maintain his wife as well as his children. Since the husband has not disputed his liability towards the amount of maintenance as well as educational expenses, it is his morale and legal responsibility to maintain the wife who is unable to maintain herself.
Decision of the high court
It was stated by the court that just because a husband is willing to live together with the wife or has made several attempts to live together does not mean that wife is living away without any reason. The court relied on wife’s application where she mentions multiple instances of cruelty and found these to be sufficient grounds to live away from husband. It is not clear if the wife has actually been able to prove any of those allegations. The court believed the accusations in the application of the wife. The court upheld the order of the family court.
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