Madhya Pradesh High Court
Smt. Supriya Daniel vs Shri Jwel Daniel on 26 June, 2021
Author: Anjuli Palo
1 CRR-1680-2020
The High Court Of Madhya Pradesh
CRR-1680-2020
(SMT. SUPRIYA DANIEL Vs SHRI JWEL DANIEL)
Jabalpur, Dated : 26-06-2021
Heard through Video Conferencing.
Shri Ankur Shrivastav, counsel for the applicant.
Shri D.S.Baghel, counsel for respondent No.1.
Heard on I.A.No. 6323/2020, an application for condonation of delay
in filing this revision.
As per the office report, the criminal revision is time barred by 157
days.
Considering the reasons mentioned in the application which is duly
supported by an affidavit of the applicant, I.A.No. 6323/2020 is allowed.
Delay in filing the revision is hereby condoned.
With the consent of parties, case is heard finally.
This criminal revision has been filed by the applicant/wife being
aggrieved by the order dated 30.09.2019 passed by the IInd Additional
Principal Judge, Family Court, Jabalpur in M.J.C.R.No. 843/2018 whereby
the application under Section 125(1) of the Criminal Procedure Code filed by
the applicant for grant of interim maintenance has been rejected on the basis
of document Exhibit P/2 (which is not on record). The said document (Ex.
P/2) has been executed between the parties wherein they gave their consent
for divorce.
Further, in the judgment dated 28.01.2020 passed by the Addl. District
Judge, Family Court, Donargarh, Rajnandgaon (Chhattisgarh) in the HMA
No. 39-A/2017, it is held that applicant/wife was residing separately from her
husband due to his cruelty and mental harassment.
Learned counsel for the applicant submits that the respondent/husband
is receiving a substantial income, therefore, the applicant/wife is entitled to
receive Rs. 25,000/- towards interim maintenance.
Learned counsel for the respondent/husband has opposed the prayer
2 CRR-1680-2020
made in the revision and submitted that the applicant/wife is working as a
teacher in St. Joseph School, Sadar and is earning sufficient income to
maintain herself. She is living separately from the respondent/husband on her
own will.
As per the aforesaid judgment in HMA No. 39-A/2017, it can be
construed that the applicant/wife was not living separately on her free will but
under compelling circumstances where she was subjected to mental and
physical cruelty. Although, applicant/wife is a teacher in a private school but,
it is undisputed that the respondent is working as an officer in the State Bank
of India. He is receiving handsome income to maintain his wife according to
his own living standards, because the wife is also entitled to similar standard
of living.
This Court is of the opinion that the learned trial Court has erred in
dismissing the application filed by the applicant/wife for interim maintenance.
The applicant/wife is a 29 years old young lady. Considering the basic
standard of living in the present scenario and cost of essential commodities,
this revision is liable to be allowed.
Accordingly, the impugned order dated 30.09.2019 passed by the II nd
Additional Principal Judge, Family Court, Jabalpur in M.J.C.R.No. 843/2018
is hereby set aside. The respondent/husband is directed to pay Rs. 8,000/-
per month from the date of impugned order i.e. 30.09.2019 to the
applicant/wife as an interim maintenance.
With the aforesaid direction, this criminal revision stands allowed and
disposed of.
(SMT. ANJULI PALO)
JUDGE
vidya
Digitally signed
by SREEVIDYA
Date: 2021.06.29
11:26:09 +05'30'
