Orissa High Court: In a revision application by the husband against the Family Court’s decision directing the husband to pay Rs.8,000/- per month to the wife for her maintenance in an application under Section 125 of the Code of Criminal Procedure, 1973 (‘CrPC’), the Bench of G. Satapathy, allowed the application taking into account the admitted income of the husband and balancing it with the requirement of the husband together with his dependent mother and taking into consideration the responsibility of the husband to maintain his wife, who at the time of filing of the application for grant of maintenance was jobless, but has definite prospect to work and earn her livelihood, reduced the quantum of maintenance by Rs.3,000/- per month.
The Court noted that the wife filed an application for a grant of maintenance to be paid by the husband on account of a dissension between them. The Trial Court assessed the income of the husband at Rs.32,541/- per month, out of the gross salary of Rs. 45,362/. The husband has a dependent mother.
The Court also noted that the wife is jobless and she was working in NDTV. The Court also noted that the wife is a Science Graduate having Post Graduation Diploma in Journalism and Mass Communication and the Trial Court after taking note of these facts also concluded that the wife is a well-educated lady and can support herself financially by doing a suitable job, but at present she is not working anywhere to earn her livelihood.
The Court stated that-
“Law never appreciates those wives, who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualifications.”
Further, the Court added that the intention and objective of legislature in enacting Section 125 of the CrPC is to provide succour to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance. The social objective behind the provision for grant of maintenance, if considered on the admitted facts as discussed in this case, it would go to disclose the wife’s need and requirement to be balanced not only with the income and liability of the husband, but also has to be considered on the backdrop of the education and prospect of the wife to earn.
Hence, the Court directed the husband to pay the maintenance of Rs. 5,000/- per month to the wife.
[Madan Kumar Satpathy v. Priyadarshini Pati, RPFAM NO.417 of 2023, decided on: 07-02-2025]
Advocates who appeared in this case:
For the petitioner: A.C. Panda, Advocate
For Respondent: R.C. Ojha, Advocate
Buy Code of Criminal Procedure, 1973 HERE
