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: Surendra Singh-I, J., presiding over a criminal revision initiated by the husband, contested the rulings dated 10-12-2019 and 07-12-2022 issued by the Trial Court in a maintenance case. The Trial Court had granted Rs.7,000/- per month as maintenance to the purported wife under Section 125 of the Code of Criminal Procedure, 1973 (‘CrPC’) and dismissed the application under Section 127 CrPC. The judge affirmed that there were no legal errors in the mentioned orders.
The husband contended that the alleged wife lacked legal marriage status, and her children were not his offspring. He urged for a DNA test, which the Trial Court overlooked. He contended that the orders were illegitimate and founded on presumptions, with the intention to unjustly acquire his land. He claimed that he secured a government job in 1981, married, and fathered two sons. Unfortunately, his elder son passed away in 2014. He accused the alleged wife of colluding with his brother to unlawfully seize his land, utilizing counterfeit documents for maintenance claims.
Under Section 127 of CrPC, the husband lodged an application, citing inconsistencies in his monthly allowances. He highlighted the Trial Court’s inclusion of agricultural income in his pension, thereby inflating the maintenance allowance.
Analysis: The Court upheld the Trial Court’s determination, acknowledging the alleged wife as the legally wedded spouse. Concerning the maintenance sum of Rs.7,000/- per month, the Court assessed the husband’s income, taking into account his monthly pension of Rs.34,656/- post his retirement in 2013. Despite the husband providing documentary evidence during the inquiry, none substantiated his marital relationship with the alleged wife. Conversely, the alleged wife presented credible documents, including Aadhar card, Family register of village, Ration Card, and her children’s academic records. Citing Kulbhushan Kumar v. Raj Kumari, (1970) 3 SCC 129, the Court determined 25% of the husband’s net income as appropriate maintenance for the wife. Despite objections regarding the inclusion of agricultural income, the Court computed the maintenance as Rs. 8,664/- per month, exceeding the Trial Court’s Rs.7,000/-. The Court upheld the Trial Court’s verdict, instructing the husband to remit Rs.7,000/- per month to the wife, with arrears settled within six months.
