Parameters for determining quantum of maintenance to paid under S125 of crpc
Coming to the reduction of quantum by the High Court,
it is noticed that the High Court has shown immense
sympathy to the husband by reducing the amount after his
retirement.
It has come on record that the husband was
getting a monthly salary of Rs.17,654/-.
The High Court, without indicating any reason, has
reduced the monthly maintenance allowance to Rs.2,000/-.
In today’s world, it is extremely difficult to conceive that a
woman of her status would be in a position to manage within
Rs.2,000/- per month.
It can never be forgotten that the
inherent and fundamental principle behind Section 125 CrPC
is for amelioration of the financial state of affairs as well as
mental agony and anguish that woman suffers when she is
compelled to leave her matrimonial home.
The statute
commands there has to be some acceptable arrangements so
that she can sustain herself.
The principle of sustenance
gets more heightened when the children are with her. Be it
clarified that sustenance does not mean and can never allow
to mean a mere survival.
A woman, who is constrained to
leave the marital home, should not be allowed to feel that she
has fallen from grace and move hither and thither arranging
for sustenance. As per law, she is entitled to lead a life in the
similar manner as she would have lived in the house of her
husband.
And that is where the status and strata of the
husband comes into play and that is where the legal
obligation of the husband becomes a prominent one. As long
as the wife is held entitled to grant of maintenance within the
parameters of Section 125 CrPC, it has to be adequate so that
she can live with dignity as she would have lived in her
matrimonial home.
She cannot be compelled to become a
destitute or a beggar. There can be no shadow of doubt that
an order under Section 125 CrPC can be passed if a person
despite having sufficient means neglects or refuses to
maintain the wife.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.564-565 OF 2015
[Arising out of SLP (Crl.) Nos. 6380-6381 of 2014]
SHAMIMA FAROOQUI
... Appellant
Versus
SHAHID KHAN
Dated;APRIL 06, 2015.
