Minakshi Gaur Vs.
Chitranjan Gaur & ANR [2008] INSC 1117 (14 July 2008)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO.1080 OF 2008 (Arising out of S.L.P. (Crl.)
No.2124 of 2008) Minakshi Gaur ...Appellant(s) Versus Chitranjan Gaur and ANR.
...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel
appearing on behalf of the parties.
The Magistrate
dismissed the petition under Section 125 of the Code of Criminal Procedure,
1973 (for short, `Cr.P.C.') on the sole ground that the wife was a working lady
and had income from properties, as such, she may be able to maintain herself
out of the said income. The said order has been confirmed by the High Court.
Hence, this appeal by
special leave.
According to the case
of the appellant, her husband, who is Respondent No.1 herein, is a graduate in
Engineering and his income is Rupees twenty thousand.
In the counter
affidavit filed before this Court, the fact that the income of the husband is
Rupees twenty thousand per month has not been denied. However, it has been
asserted that wife's returned income is Rs.98,820/- per annum, which shows that
....2/- -2- she was earning even less than Rupees nine thousand per month.
Both the wife and husband are residing at Agra. In our view, it is not possible
for the wife to maintain herself in the town of Agra with the income of less
than Rupees nine thousand per month. The husband, who is earning at least
Rupees Twenty thousand per month, as stated by the appellant in this appeal and
not controverter, is liable to pay some amount of maintenance to the wife so
that she may be able to maintain herself. In the facts and circumstances of the
case, we are of the view that it would be just and expedient to direct the
husband to pay Rupees five thousand per month to the wife by way of maintenance
from the date of filing of the petition under Section 125 Cr.P.C.
Accordingly, the
appeal is allowed, the impugned orders are set aside, petition under Section
125 Cr.P.C. is allowed and Respondent No.1 is directed to pay maintenance at
the rate of Rupees five thousand per month from 1st November, 1998 till 31st
July, 2008 in the following manner:
By 31st August, 2008,
Rupees fifty thousand;
By 30th September,
2008, Rupees fifty thousand;
By 31st October,
2008, Rupees fifty thousand;
By 31st November,
2008, Rupees One lakh fifty thousand;
By 31st December,
2008, Rupees One lakh fifty thousand;
By 31st January,
2009, the balance amount.
All the installments
shall be paid by way of Account Payee Demand Draft drawn upon a Bank at Agra,
in favour of the appellant-Minakshi Gaur. The bank draft shall be made over to
the wife by the husband personally or through his ....3/- -3- representative
within the aforesaid time. The current amount of maintenance beginning from the
month of August, 2008, at the same rate shall be paid to the wife by 15th day
of the following month, i.e., maintenance for the month of August, 2008, shall
be paid by 15th September and in the like manner for subsequent months.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi, July 14, 2008.
IN THE SUPREME COURT
OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1080 OF 2008
(Arising out of S.L.P. (Crl.) No.2124 of 2005) Minakshi Gaur ...Appellant(s) Versus
Chitranjan Gaur and Anr. ...Respondent(s) O R D E R In the order dated 14th
July, 2008, the words "S.L.P. (Crl.) No.2124 of 2008" be read as
"S.L.P. (Crl.) No.2124 of 2005".
Ordered accordingly.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi, July 29, 2008.
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