Allahabad High Court
Rajnish Kumar vs State Of U.P. And Another on 12 May, 2022
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 82
Case :- CRIMINAL REVISION No. - 1863 of 2022
Revisionist :- Rajnish Kumar
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Vibhendu Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the revisionist, learned A.G.A. appearing for State of U.P. and perused the material placed on record.
The present criminal revision has been moved against the impugned judgment and order dated 23.12.2021 passed by learned Additional Principal Judge, Family Court, Shahjahanpur in Case No. 321 of 2019 (Smt. Aruna Devi Vs. Rajnish Kumar) under Section 125 Cr.P.C., Police Station Sehramau South, District-Shahjahanpur, directing the revisionist to pay Rs.4,000/- per month as maintenance allowance from the date of application to the opposite party no.2, Smt. Aruna Devi.
From the perusal of the record, it is evident that the Opposite Party No.2 is the wife of the revisionist, who is an able bodied person. An able-bodied person has to be presumed to be capable of earning sufficient money so as to be reasonably able to maintain his wife and he cannot be heard to say that he is not in a position to earn enough to be able to maintain her according to the family standard. No cogent grounds have been canvassed as to why such able bodied person is unable for reasons beyond his control, to earn enough to discharge his legal obligation to maintain his wife.
Hon'ble Apex Court in the case of Shamima Farooqui Vs. Shahid Khan, reported in (2015) 5 SCC 702 has observed as under:-
'It can never be forgotten that the inherent and fundamental principle behind Section 125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when she is compelled to leave her matrimonial home. The statute commands there has to be some acceptable arrangements so that she can sustain herself. The principle of sustenance gets more heightened when the children are with her. Be it clarified that sustenance does not mean and can never allow to mean a mere survival. A woman, who is constrained to leave the marital home, should not be allowed to feel that she has fallen from grace and move hither and thither arranging for sustenance. As per law, she is entitled to lead a life in the similar manner as she would have lived in the house of her husband. And that is where the status and strata of the husband comes into play and that is where the legal obligation of the husband becomes a prominent one. As long as the wife is held entitled to grant of maintenance within the parameters of Section 125 CrPC, it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home. She cannot be compelled to become a destitute or a beggar. There can be no shadow of doubt that an order under Section 125 CrPC can be passed if a person despite having sufficient means neglects or refuses to maintain the wife. Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law. If the husband is healthy, able bodied and is in a position to support himself, he is under the legal obligation to support his wife, for wife's right to receive maintenance under Section 125 CrPC, unless disqualified, is an absolute right.'
In view of settled legal position, enumerated above, impugned order is just, proper and legal and does not suffer from any illegality, infirmity or jurisdictional error.
Present criminal revision being devoid of merit is liable to be dismissed.
Accordingly, revision is dismissed. However, the revisionist is directed to deposit entire dues of maintenance till date in accordance with order dated 23.12.2021 passed by Additional Principal Judge, Family Court, Shahjahanpur in four equal instalments. First instalment of the arrears of the maintenance allowance will be payable in favour of opposite party no.2 on 1st June, 2022. 2nd, third and fourth instalments are payable in consecutive months i.e. on 1st of July, 2022, 1st of August, 2022 and 1st of September, 2022. The revisionist is also directed to continuously pay maintenance allowance to the opposite party no.2 on or before 10th day of each month.
Order Date :- 12.5.2022
MN/-
