Rajasthan High Court - Jodhpur
Varsha vs State Of Rajasthan (2024:Rj-Jd:8079) on 15 February, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:8079]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 887/2018
Varsha W/o Haridev Garg, Aged About 35 Years, B/c Garg ,
Village Badgaon , Presently Resident Of C/o Raman Lal, Colege
Road, Infront Of Bohra Kabristan, Nearby Vithal Auto Garrage,
Banswara, Distt. Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Haridev S/o Shri Chhagan Lal Garg, B/c Garg , Bagdon ,
Banswara Sadar P.s. Banswara, Tehsil And Distt.
Banswara
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Laxman Bishnoi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
15/02/2024
Instant criminal revision petition has been filed by the
petitioners against the order dated 06.07.2018 passed by the
learned Judge, Family Court, Banswara whereby, while partly
allowing the application filed by the petitioners under Section 125
Cr.P.C, ordered the respondent to pay maintenance in the sum of
Rs. 5000/- per month to petitioner, from the date of passing of
order.
The petitioner wife had earlier preferred an application under
Section 125 Cr.P.C. before the court below seeking maintenance.
The learned Family Court after considering the material available
on record and pleadings of the parties decided the application filed
[2024:RJ-JD:8079] (2 of 4) [CRLR-887/2018]
by the petitioner and awarded maintenance in the sum of Rs.
5,000/- per month from the date of order to the petitioner.
Learned counsel for the petitioner submits that petitioner is
not having any independent source of income whereas, the
respondent is a Government servant and was earning a sum of Rs.
55,085/- in the year 2018. However, the learned court below
mechanically ordered meagre amount of maintenance in the sum
of Rs. 5,000/- which is absolutely unjust and unreasonable,
therefore, the amount of maintenance may be adequately
enhanced.
Per contra, counsel for the respondent submits that the
learned Family Court after assessing the income of the respondent
and considering the evidence adduced on behalf of the petitioner,
had awarded maintenance in favour of the petitioner, which does
not call for any interference.
I have considered the rival argument so also carefully
scanned the entire record.
Section 125 of the Code makes provision for the grant of
maintenance to wives, children and parents. Sub-section (1) of
Section 125 inter alia says that if any person having sufficient
means neglects or refuses to maintain his wife who is unable to
maintain herself, a Magistrate of the first class may, upon proof of
such neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife.
A holistic reading of the provisions would clearly reveal that
the responsibility and liability of a person to maintain his wife,
children and parents rests on the condition that if any person
[2024:RJ-JD:8079] (3 of 4) [CRLR-887/2018]
having sufficient means neglects or refuses to maintain them
(wife, children, parents), he can be ordered to make a monthly
allowance for maintenance for his wife or child or parents at such
monthly rate.
Considering the fact that the petitioner is not having any
independent source of income so also looking to the present
necessities of life, price index which is rising by leaps and bounds
every day and other factors, Rs. 5,000/- per month to petitioner
no.1 seems to be on the lower side and same is liable to be
enhanced.
Accordingly, the amount of maintenance awarded by the
Family Court, Banswara vide order dated 06.07.2018 to the
petitioner is enhanced from Rs. 5,000/- to Rs. 10,000/- per
month, from the date of passing of this order. The enhanced
amount of maintenance i.e. Rs. 10,000/- shall be now payable to
the petitioner from today. However, the respondent shall pay the
arrears of the amount of maintenance till today, as per order
dated 06.07.2018 to the petitioner. If the respondent fails to pay
arrears of amount of maintenance within the stipulated period, the
Family Court shall take appropriate steps for recovery of amount
of maintenance to be paid to the petitioner.
The revision petition stands disposed of. The stay
application is also disposed of.
Record of the trial court be sent back forthwith.
(MANOJ KUMAR GARG),J
211-BJSH/-
[2024:RJ-JD:8079] (4 of 4) [CRLR-887/2018]
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