Section 125 CrPC: Supreme Court found the wife relying on a misleading proof but asked the husband to pay enhanced maintenance [Read the SC Order]

Supreme Court has directed the husband to pay enhanced maintenance to wife even when it found that the proof relied upon by the wife was misleading.

A bench of Justice Chandrachud and Justice Banerjee has passed the order in the case titled as Monica Morton vs Durgesh Kumar Pal on 01.08.2019.

Wife filed appeal in the Supreme Court for enhanced maintenance drawing the attention of the Court to the fact that for August 2016, the pay slip of the respondent indicated a gross pay of Rs 1,11,133. After deductions of Rs 25,328, the take home pay was Rs 73,427. Learned counsel appearing on behalf of the husband has submitted that the reliance which has been placed by the wife on the pay slip for August 2016 is misguided as the pay slip is not an accurate representation of the husbnad’s monthly salary and take-home pay for the month of August 2016 as it included arrears of Rs 50,733. 

Supreme Court gone through pay slips of previous and subsequent months which shown the susbmission of husband correct but despite that, it proceeded to enhance the maintenance.

Supremem Court observed and held "Though the respondent has three children from the earlier marriage they are now majors. We are of the considered view, having regard to the position of the parties and their circumstances in life, that a total award of maintenance of Rupees Twelve Thousand per month including the amount awarded under the Domestic Violence Act should be granted. Hence, we order and direct that, in addition to the amount which has been awarded by the Family Court, under Section 125 of the CrPC, the appellant would be entitled to a further sum of Rupees Five Thousand per month commencing from the date of the judgment of the Family Court".

Read the Order here: