CRR(F)-481 IN THE HIGH COURT OF PUNJAB AND HARYANA Vivek Sharma Vani Sharma CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - NAMIT KUMAR, J. 1. husband impugning the order dated Additional petitioner has been directed to pay per month to the respondent application 2. respondent was solemnised on the said wedlock. H between the parties turned sour and with the intervention of their respective relatives, 16.06.2015, 481 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-481 Date of decision Vivek Sharma Versus Vani Sharma HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Arvind Kashyap, Advocate, for the petitioner. NAMIT KUMAR, J. Instant revision petition has been preferred impugning the order dated 03.02.2025 Additional Principal Judge, Family Court, petitioner has been directed to pay interim per month to the respondent-wife from the date of filing of the under Section 125 Cr.P.C. Brief facts of the case are that respondent was solemnised on 02.09.2004 and no child was born from the said wedlock. However, with the passage of between the parties turned sour and with the intervention of their respective relatives, both the parties entered into compromise dated , according to which petitioner- 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 481 of 2025 (O&M) Date of decision: 03.04.2025 ......Petitioner ......Respondent HON'BLE MR. JUSTICE NAMIT KUMAR , Advocate, Instant revision petition has been preferred by petitioner- 03.02.2025, passed by learned Principal Judge, Family Court, Amritsar, vide which interim maintenance of Rs.8,500/- from the date of filing of the that marriage of petitioner and 02.09.2004 and no child was born from with the passage of time, the relations between the parties turned sour and with the intervention of their both the parties entered into compromise dated -husband had agreed to pay RAVINDER SINGH 2025.04.07 16:45 I attest to the accuracy and integrity of this document CRR(F)-481 Rs.10 lakhs as full and final amount towards settlement. However, that settlement could not finalise. Thereafter, petitioner divorce petition on 22.12.2015, which was accepted vide order dated 31.01.2024, FAO No.3047 of 2024, which is pending adjudication before this Court. During the pendency of divorce petition, r filed an application under Section 125 Cr.P.C. The Family Court, Amritsar, vide impugned order dated 03.02.2025 has directed the petitioner to pay Rs.8,500/ maintenance to the respondent application. approached 3. petitioner has wrongly been burdened with paid to the responden 2015 and she job for earning any basis has assessed the income of the petitioner at month. He also granted to the respondent is on the higher side and the petitioner is not in a position to pay the same and as the respondent company of the petitioner and therefore, she is not entitled to any maintenance from the petitioner. 481 of 2025 (O&M) Rs.10 lakhs as full and final amount towards settlement. However, that settlement could not finalise. Thereafter, petitioner divorce petition on 22.12.2015, which was accepted vide order dated , against which respondent-wife FAO No.3047 of 2024, which is pending adjudication before this During the pendency of divorce petition, r filed an application under Section 125 Cr.P.C. The Family Court, Amritsar, vide impugned order dated 03.02.2025 has directed the petitioner to pay Rs.8,500/ maintenance to the respondent-wife from the application. Dissatisfied with the impugned order, petitioner has approached this Court. Learned counsel for the petitioner contended that petitioner has wrongly been burdened with paid to the respondent-wife as parties to the litigation are fighting since she being an educated lady is intentionally not taking up any job for earning. He further contended that the Family Court any basis has assessed the income of the petitioner at He also contended that maintenance of Rs. granted to the respondent is on the higher side and the petitioner is not in a position to pay the same and as the respondent company of the petitioner and living separately without any reason, therefore, she is not entitled to any maintenance from the petitioner. 2 Rs.10 lakhs as full and final amount towards settlement. However, that settlement could not finalise. Thereafter, petitioner-husband filed divorce petition on 22.12.2015, which was accepted vide order dated wife has filed appeal bearing FAO No.3047 of 2024, which is pending adjudication before this During the pendency of divorce petition, respondent-wife also filed an application under Section 125 Cr.P.C. seeking maintenance. The Family Court, Amritsar, vide impugned order dated 03.02.2025 has directed the petitioner to pay Rs.8,500/- per month as interim wife from the date of filing of the Dissatisfied with the impugned order, petitioner has Learned counsel for the petitioner contended that petitioner has wrongly been burdened with interim maintenance to be parties to the litigation are fighting since intentionally not taking up any . He further contended that the Family Court without any basis has assessed the income of the petitioner at Rs.50,000/- per maintenance of Rs.8,500/- per month granted to the respondent is on the higher side and the petitioner is not in a position to pay the same and as the respondent herself left the living separately without any reason, therefore, she is not entitled to any maintenance from the petitioner. RAVINDER SINGH 2025.04.07 16:45 I attest to the accuracy and integrity of this document CRR(F)-481 4. the record. 5. is not in dispute in the present case. between them, their relations of which, respondent seeking maintenance from the petitioner directed to pay application as has filed FAO No.3047 of 2024 against the decree of divorce granted by the Family Court v 09.07.2025 before a Division Bench of this Court. 6. ensure that the dependent spouse is vagrancy on account of failure careful balance must be struck to ensure that this provision does not degenerate into a weapon required to conduct the maintenance proceedings, while the legislative intent behind the provision under Section its true spirit, women, children and infirm parents. The Cr.P.C. were enacted as a measure to further 481 of 2025 (O&M) I have heard learned counsel for the petitioner and perused The relationship of husband and wife between the dispute in the present case. However, due to differences between them, their relationship has hit the rough weather. As a result respondent filed an application under Section 125 Cr.P.C. seeking maintenance from the petitioner wherein petitioner has been directed to pay Rs.8,500/- per month from the date of filing of the application as interim maintenance to the respondent has filed FAO No.3047 of 2024 against the decree of divorce granted by the Family Court vide order dated 31.01.2024, which is pending for 09.07.2025 before a Division Bench of this Court. The object and purpose behind granting maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish the other spouse. The Courts are required to conduct the maintenance proceedings, while egislative intent behind the provision under Section its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The Cr.P.C. were enacted as a measure to further 3 I have heard learned counsel for the petitioner and perused The relationship of husband and wife between the parties However, due to differences hit the rough weather. As a result filed an application under Section 125 Cr.P.C. wherein petitioner has been per month from the date of filing of the maintenance to the respondent. Respondent-wife has filed FAO No.3047 of 2024 against the decree of divorce granted ide order dated 31.01.2024, which is pending for 09.07.2025 before a Division Bench of this Court. The object and purpose behind granting maintenance is to not reduced to destitution or of marriage. At the same time, a just and careful balance must be struck to ensure that this provision does not to punish the other spouse. The Courts are required to conduct the maintenance proceedings, while being alive to egislative intent behind the provision under Section 125 Cr.P.C in which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect RAVINDER SINGH 2025.04.07 16:45 I attest to the accuracy and integrity of this document CRR(F)-481 dependent women, children and parents, which also fall within the constitutional sweep of Article Constitution of India. 7. Vimala (K.) v. 8. in Kirtikant D. Vadodaria v. State of opined as follows: 9. this provision is to provide 481 of 2025 (O&M) dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article Constitution of India. A three-Judge Bench of the Hon'ble Supreme Court in Vimala (K.) v. Veeraswamy (K.) (1991) 2 SCC 375 "3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, a wife….." Further, a two-Judge Bench of the Hon'ble Supreme Court Kirtikant D. Vadodaria v. State of Gujarat (1996) 4 SCC 479 opined as follows: "15.... While dealing with the ambit and scope of the provision contained in Section be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable support themselves but have a The provisions in Section 125 those women, children and destitute parents who are in distress. The provisions in Section achieve this special purpose. behind the benevolent provisions contained in Section clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation Another objective the legislature has sought this provision is to provide maintenance pendente lite 4 dependent women, children and parents, which also fall within the 15(3) reinforced by Article 39 of the Judge Bench of the Hon'ble Supreme Court in SCC 375 opined as follows: of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for food, clothing, and shelter to the deserted Judge Bench of the Hon'ble Supreme Court Gujarat (1996) 4 SCC 479 "15.... While dealing with the ambit and scope of the Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. 125 provide a speedy remedy to women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation..." Another objective the legislature has sought to achieve by pendente lite to the applicant RAVINDER SINGH 2025.04.07 16:45 I attest to the accuracy and integrity of this document CRR(F)-481 spouse during proceedings emerging out of matrimonial that she/he can maintain herself/himself, have sufficient funds to pursue the litigation, 10. amplify her needs and the husband to making it difficult to determine the earning capacity of the rival claimants with exactit on record their actual Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be justifiable and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two either paltry or extravagant, ensuring that neither of the two is to a life of penury. The adequacy of th be determined by lead a life of reasonable comfort. 11. powers has very limited jurisdiction, which can only be exerci when the Courts below have acted beyond jurisdiction vested in them or (ii) have not exercised the same diligently and (iii) have exercised illegally. 12. Family Court makes it evident that considered the material placed before it for determining the quantum of 481 of 2025 (O&M) spouse during proceedings emerging out of matrimonial that she/he can maintain herself/himself, have sufficient funds to pursue the litigation, and not suffer at the instance of the affluent spouse. There is a general tendency on the part of the wife to amplify her needs and the husband to conceal his actual income, making it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring on record their actual respective earning capacities in order for the Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two extremes of the maintenance being either paltry or extravagant, ensuring that neither of the two is to a life of penury. The adequacy of the maintenance allowance has to be determined by the yardstick of the dependent spouse being able to lead a life of reasonable comfort. Moreover, this Court while exercising its revisional powers has very limited jurisdiction, which can only be exerci when the Courts below have acted beyond jurisdiction vested in them or (ii) have not exercised the same diligently and (iii) have exercised A perusal of the impugned order passed by the learned Family Court makes it evident that the considered the material placed before it for determining the quantum of 5 spouse during proceedings emerging out of matrimonial disputes so that she/he can maintain herself/himself, have sufficient funds to pursue r at the instance of the affluent spouse. There is a general tendency on the part of the wife to conceal his actual income, making it difficult to determine the earning capacity of the rival ude. The rival claimants must scrupulously bring respective earning capacities in order for the Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be and realistic to provide succour to the dependent spouse and extremes of the maintenance being either paltry or extravagant, ensuring that neither of the two is reduced e maintenance allowance has to the yardstick of the dependent spouse being able to his Court while exercising its revisional powers has very limited jurisdiction, which can only be exercised, (i) when the Courts below have acted beyond jurisdiction vested in them or (ii) have not exercised the same diligently and (iii) have exercised A perusal of the impugned order passed by the learned the Court below has duly considered the material placed before it for determining the quantum of RAVINDER SINGH 2025.04.07 16:45 I attest to the accuracy and integrity of this document CRR(F)-481 interim maintenance. A careful and just balance has been drawn, keeping in view the spiralling inflation corresponding to the rea counsel for the petitioner has not been able to indicate any perversity in the impugned order, Accordingly, the present petition is dismissed being 13. 03.04.2025 R.S. 481 of 2025 (O&M) maintenance. A careful and just balance has been drawn, keeping in view the spiralling inflation rates and high cost of living corresponding to the reasonable needs of the respondents. Learned counsel for the petitioner has not been able to indicate any perversity in the impugned order, which warrants interference by this Court. Accordingly, the present petition is dismissed being Pending application(s), if any, also stand(s) disposed of. Whether speaking/reasoned Whether Reportable 6 maintenance. A careful and just balance has been drawn, rates and high cost of living sonable needs of the respondents. Learned counsel for the petitioner has not been able to indicate any perversity in which warrants interference by this Court. Accordingly, the present petition is dismissed being bereft of any merit. Pending application(s), if any, also stand(s) disposed of. (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.04.07 16:45 I attest to the accuracy and integrity of this document