“SUPREME COURT AFFIRMS THAT HUSBAND BEING ABLE-BODIED IS OBLIGED TO EARN BY LEGITIMATE MEANS AND MAINTAIN HIS WIFE AND MINOR CHILD”
ANJU GARG & ANR. Vs. DEEPAK KUMAR GARG [CRIMINAL APPEAL NO. 1693 OF 2022 ARISING OUT OF SLP (CRL.) NO. 10353 OF 2018]
The Hon’ble Supreme Court has reiterated and preserved the basic purpose of Section 125 of The Code of Criminal Procedure (CrPC) which is to provide a speedy remedy to women, children and needy parents in pain and suffering.
In this case the Family Court at Faridabad dismissed the maintenance application filed under Section 125 of CrPC by the wife and daughter and allowed maintenance allowance of Rs. 6000/- per month to the minor son till he attains the age of 18 years.
The above order of the Family Court was challenged before the High Court of Punjab and Haryana at Chandigarh which was also dismissed by the High Court thereby confirming the order of the Family Court.
The Hon’ble Supreme Court evaluated the submissions made by both Appellant Wife and Respondent Husband as well as the pleadings, evidence before the Family Court and High Court.
The case of wife for maintenance was that after few years of marriage, she had left the house of her husband on account of harassment and was living with her children in a rented accommodation.
She also alleged demand of dowry against her husband and that he was also given money from time to time by her father to support him in a business.
The Husband denied all the allegations leveled against him and submitted that he has no source of income for maintenance as the business he had was shut down.
The Hon’ble Supreme Court held that the order of the Family Court was passed erroneously and unfortunately the High Court too confirmed the said order without assigning any reasons.
The Supreme Court reiterated the basic purpose behind the benevolent provisions contained in Section 125 of CrPC which is that the wife, child and parents should not be left in a helpless state of pain and suffering.
As regards to the submissions of Husband that he has no source of income, it was held by Supreme Court that being an able-bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child.
The Hon’ble Supreme Court ordered for grant of maintenance allowance of Rs.10,000/- per month to the wife, over and above the maintenance allowance of Rs. 6,000/- per month granted by the Family Court to the minor son.
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