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Whether wife is entitled to get maintenance who suppresses f

Whether wife is entitled to get maintenance who suppresses fact of getting scholarship from court?

Having considered the rival contentions of either side, what is an
admitted position is that the fact that the wife was getting scholarship from
the National Institute of Technology, Durgapur that too of an amount of
Rs.30,000/- per month, the same cannot be said to be a temporary source
of income as long as it is an income of the wife. Rs.30,000/- is not a small
amount and is definitely a good amount for any normal human being to
maintain a decent standard of life. Even if it is a development which had
taken place subsequent to the filing of the application under Section 125
CrPC even then the said fact ought to have been disclosed the Court while
the evidence of the wife was being recorded, and suppressing this fact
from the Court at that relevant point of time is not appreciable on the part
of the wife. The fact that she got a scholarship of Rs.30,000/- also gives an
indication of her capabilities and her competence and for drawing a safe
inference of the wife being qualified, able and a competent lady capable
enough of sustaining herself well.
In the given factual background of the case as narrated in the
preceding paragraphs, this Court is of the opinion that for want of these
material facts from the Court below, the conclusion arrived at by the Court
below cannot be said to be based on proper facts. Definitely if the fact of
the wife getting a scholarship of Rs.30,000/- per month would had been
established before the Court below then the possibility of either rejection of
the claim application or the quantum of maintenance amount also being
reduced substantially, cannot be ruled out. Thus, in the opinion of this
Court, the matter needs to be remitted back to the Court below so that
either party can lead sufficient evidence to establish their respective source
of income, particularly the wife so far as her source of income is
concerned.
HIGH COURT OF CHHATTISGARH, BILASPUR
CRIMINAL REVISION NO. 157 OF 2016
Dipak Verma,
Versus
Smt. Rashmi Verma,
Hon'ble Shri Justice P. Sam Koshy
Dated:01/07/2016
Citation: 2016 CRLJ(NOC)282 Chh