Merely Because Wife Is A Graduate & Has Done Professional Course, It Cannot Be Presumed That She Can Maintain Herself : Allahabad HC
The Allahabad High Court observed that merely because a wife is a graduate and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself.
The Court observed thus in a criminal revision filed by a wife against the judgment of the Principal Judge, Family Court under Section 125 CrPC.
A Single Bench of Justice Surendra Singh-I held, “merely on the ground that revisionist is B.A. pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself. Thus the plea advanced on behalf of the opposite party No.2 (husband) is without any legal basis"
Advocate Jayant Kumar appeared on behalf of the revisionist while Advocate Sandeep Kumar Srivastava appeared on behalf of the opposite parties.
Factual Background -
The Trial Court had granted monthly maintenance allowance of Rs. 5,000/- to the revisionist/wife from the date of presentation of application under Section 125 CrPC. The revisionist prayed for enhancement of maintenance allowance granted by the Trial Court in her favour. The opposite party/husband did not challenge the said order, therefore, findings in the impugned judgment and findings regarding the marriage of the wife with the husband as well as there being sufficient reason for her residing away from the husband, became final. It was submitted by the counsel for the revisionist that the criminal revision was filed on the point of quantum of maintenance payable to her contending that it was quite meagre considering the monthly net income of the husband.
The husband was working in Indian Navy and he was getting monthly salary of about Rs. 35,000/- to 40,000/- per month. The wife contended that the Trial Court may have fixed at-least 25% of the net monthly salary of the husband, but it awarded maintenance allowance of Rs. 4000/- till date of order, and thereafter, Rs. 5000/-, which is on the lower side. It was also submitted that Trial Court did not give any reason for fixing such monthly maintenance allowance payable to the wife. Later on, recall application under Section 126 (2) CrPC was filed by the husband which was allowed.
The High Court in the above context of the case noted, “Opposite party No.2, in his reply as well as oral evidence, has submitted that revisionist is B.A. pass and earns Rs.10,000/- per month by taking tuition and she has done course of beautician, by which she can also earn money and she has enough money to maintain herself, but opposite party No.2 has not produced any documentary evidence in support of earning of the revisionist.”
The Court observed that merely on the ground that wife is B.A. pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself and thus the plea advanced on behalf of the husband is without any legal basis.
“The prayer for enhancement of maintenance allowance made by revisionist is allowed and it is observed that she will be entitled for Rs.10,000/- per month, which is approximately 25 % of the next monthly income of Rs.43,020/-, as maintenance allowance. … Thus, opposite party No.2 shall be bound to provide maintenance allowance of Rs.10,000/- per month to his wife (revisionist) from the date of application. The arrears of maintenance allowance shall be paid by the opposite party No.2 in four equal instalments within a period of four months. The monthly interim maintenance shall be paid regularly till 7th day of each month”, it directed.
Accordingly, the High Court allowed the criminal revision and enhanced the amount of compensation.
Cause Title- Rakhi @ Rekha v. State of U.P. and Another (Neutral Citation: 2024:AHC:45615)
Appearance:
Revisionist: Advocates Jayant Kumar and Kanhiya Lal Chauhan.
Opposite Parties: Advocate Sandeep Kumar Srivastava
