Whether husband is liable to pay maintenance to wife and children even if wife is residing in house of husband?
On considering the above submissions I find that
the sole consideration before this Court is whether the
Appellate had erred in passing the order of
maintenance against the petitioner/husband in the
light of the fact that the petitioner/husband was living
elsewhere and the respondent/wife was residing with
the in-laws in the house which was in the name of the
husband. I find that there is no infirmity in the order
passed by the Trial Court primarily because it is not a
case, where the wife has left the house of the husband,
but under the peculiar facts and circumstances of the
case, it is the husband who has left the shared
household, but that would not relieve him from
paying maintenance to his wife and children.
Apparently children are aged 16 and 14 years and in
these days of inflation, schooling is expensive and the
aged father-in-law has also supported the daughter-inlaw,
whereas the husband has lost the suit of divorce
then, under the circumstances, I have no hesitation in
holding that wife is entitled to the maintenance as
alleged by the Courts below, besides what has been
ordered is also reasonable under the circumstances
and on that score also the impugned orders does not
call for any interference. The judicial conscience of
the Court cannot shut itself from the peculiar facts and
circumstances of the case. Moreover, this being a
criminal revision, the findings of fact by the lower
courts are unassailable, as the Court cannot reappreciate
the entire evidence and the jurisdiction
being limited to question of law and errors apparent
on the face of record, I do not find any infirmity in the
order passed by the lower Court.
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
Hon'ble Mrs. Justice S.R. Waghmare
Criminal Revision No. 949 / 2015
Naresh Sharma
Vs.
Jyoti Sharma
(Passed on 10/02/2016)
