The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.
Allahabad High Court: In a criminal revision filed by the husband, contesting the orders dated 10-12-2019 and 07-12-2022 issued by the Trial Court in a maintenance case, where the Court granted Rs.7,000/- per month as maintenance to the alleged wife under Section 125 of the Code of Criminal Procedure, 1973 (‘CrPC’) and dismissed the application under Section 127 CrPC, Surendra Singh-I, J. held that there were no legal errors in the mentioned orders.
The husband claimed that the alleged wife wasn’t legally married to him, and her children were not his. He requested a DNA test, which the Trial Court didn’t address. He argued that the orders were unlawful and based on assumptions, aiming to unlawfully acquire his land. He stated that he got a government job in 1981, married, and had two sons. His elder son passed away in 2014. He accused the alleged wife of conspiring with his brother to illegally seize his land, using forged documents for maintenance.
The husband filed an application under Section 127 of CrPC, citing discrepancies in his monthly allowances. The Trial Court had included agricultural income in his pension, inflating the maintenance allowance.
Analysis:
The Court affirmed the Trial Court’s decision, recognizing the alleged wife as the legally wedded wife.
Regarding the maintenance amount of Rs.7,000/- per month, the Court considered the husband’s income, noting his monthly pension of Rs.34,656/- since his retirement in 2013.
While the husband provided documentary evidence during the investigation, none proved his marriage to the alleged wife. In contrast, the alleged wife presented reliable documents, including Aadhar card, Family register of village, Ration Card, and her children’s academic records.
Referring to Kulbhushan Kumar v. Raj Kumari, (1970) 3 SCC 129, the Court established 25% of the husband’s net income as suitable maintenance for the wife.
Despite objections regarding the inclusion of agricultural income, the Court calculated the maintenance as Rs. 8,664/- per month, higher than the Trial Court’s Rs.7,000/-.
The Court upheld the Trial Court’s decision, directing the husband to pay Rs.7,000/- per month to the wife, with arrears settled within six months.