CRR(F)-780 IN THE HIGH COURT OF PUNJAB AND HARYANA Ankit Verma Payal CORAM: HON'BLE Present: - NAMIT KUMAR, J. 1. petitioner-husband learned Principal Judge, Family Court, petitioner has been directed to pay Rs.7,000/ maintenance to the respondent final decision of petition under Section 125 Cr.P 2. petitioner and the respondent was solemnized on Cantt. according to the Hindu rites and ceremonies. daughter was born o custody of respondent. between the couple and the respondent filed an application under Section 125 Cr.P.C. seeking interim maintenance Court vide impugned order dated 780 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-780 Date of decision Ankit Verma Versus CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Pawan Attri, Advocate, for the petitioner. NAMIT KUMAR, J. Instant revision petition has been preferred husband impugning the order dated learned Principal Judge, Family Court, petitioner has been directed to pay Rs.7,000/ maintenance to the respondent-wife from the date of application till final decision of petition under Section 125 Cr.P Brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on according to the Hindu rites and ceremonies. was born out of the said wedlock custody of respondent. However, the matrimonial dispute ensued between the couple and the respondent filed an application under Section 125 Cr.P.C. seeking interim maintenance Court vide impugned order dated 18.03.2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 780 of 2025 (O&M) Date of decision: 22.05.2025 ......Petitioner ......Respondent MR. JUSTICE NAMIT KUMAR Instant revision petition has been preferred by the impugning the order dated 18.03.2025, passed by learned Principal Judge, Family Court, Ambala, vide which the petitioner has been directed to pay Rs.7,000/- per month as wife from the date of application till the final decision of petition under Section 125 Cr.P.C. Brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 08.11.2021 at Ambala according to the Hindu rites and ceremonies. One minor ut of the said wedlock, who is under the care and matrimonial dispute ensued between the couple and the respondent filed an application under Section 125 Cr.P.C. seeking interim maintenance. The learned Family 18.03.2025 has directed the petitioner RAVINDER SINGH 2025.06.04 13:40 I attest to the accuracy and integrity of this document CRR(F)-780 to pay maintenance to the tune of Rs.7,000/ respondent. Aggrieved by the same, the petitioner has approached this Court by filing the present petition. 3. petitioner has wrongly been burdened with maintenance to be paid to the respondent fact that he is unemployed Court has wrongly presumed the income of the petition Rs.25,000/- maintenance of Rs. the higher side and the petitioner is not in a position to pay the same and as the respondent living separately without any reason, therefore, she is not entitled to any maintenance from the petitioner. 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 maintenance to the respondent 780 of 2025 (O&M) to pay maintenance to the tune of Rs.7,000/ . Aggrieved by the same, the petitioner has approached this Court by filing the present petition. Learned counsel for the petitioner contended that ner has wrongly been burdened with maintenance to be paid to the respondent as the learned Family Court has failed to appreciate the fact that he is unemployed. He further contended that Court has wrongly presumed the income of the petition - per month. Learned counsel maintenance of Rs.7,000/- 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 company living separately without any reason, therefore, she is not entitled to any maintenance from the petitioner. I have heard learned counsel for the petitioner and perused The relationship of husband and wife between is not in 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.7,000/- per month from the date of filing of the application as maintenance to the respondent 2 to pay maintenance to the tune of Rs.7,000/- per month to the . Aggrieved by the same, the petitioner has approached this Learned counsel for the petitioner contended that ner has wrongly been burdened with maintenance to be paid to as the learned Family Court has failed to appreciate the . He further contended that learned Family Court has wrongly presumed the income of the petitioner as . Learned counsel further contended that per month granted to the respondent is on the higher side and the petitioner is not in a position to pay the same herself left the company of the petitioner and living separately without any reason, therefore, she is not entitled to 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 application as maintenance to the respondent. RAVINDER SINGH 2025.06.04 13:40 I attest to the accuracy and integrity of this document CRR(F)-780 6. 125 Cr.P.C, it shall be appropriate to first refer to the said provision, which provides as under: 7. ensure that the dependent spouse is vagrancy on account of failure of marriage. At the same time, a just 780 of 2025 (O&M) Since the maintenance petition was filed under Section 125 Cr.P.C, it shall be appropriate to first refer to the said provision, which provides as under:- “125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain – (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor ch married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate [* * *] [The words "not exceeding five hundred rupees in the whole" omitted by Act 50 of 2001, w.e.f. 24.9.2001.], as such M fit, and to pay the same to such person as the Magistrate may from time to time direct : Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majo is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.” The object and purpose behind granting maintenance is to ensure that the dependent spouse is not reduced to destitution vagrancy on account of failure of marriage. At the same time, a just 3 petition was filed under Section 125 Cr.P.C, it shall be appropriate to first refer to the said provision, “125. Order for maintenance of wives, children and person having sufficient means neglects or his wife, unable to maintain herself, or his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate [* * *] [The words "not exceeding five hundred rupees in the whole" omitted by Act 50 of 2001, w.e.f. 24.9.2001.], as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct : Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.” The object and purpose behind granting maintenance is to not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just and RAVINDER SINGH 2025.06.04 13:40 I attest to the accuracy and integrity of this document CRR(F)-780 careful balance must be struck to ensure that this provision does not degenerate into a weapon required to conduct the maintenance 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 social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article Constitution of India. 8. Vimala (K.) v. Veeraswamy (K.) (1991) 2 9. in Kirtikant D. Vadodaria v. State of opined as follows: 780 of 2025 (O&M) 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 the legislative 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 were enacted as a measure to further social justice and protect 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 H 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 reme the supply of food, clothing, and shelter to the deserted 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 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 to support themselves but have a The provisions in Section 125 those women, children and destitute parents who are in 4 careful balance must be struck to ensure that this provision does not to punish the other spouse. The Courts are proceedings, while being alive to the legislative 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 were enacted as a measure to further social justice and protect 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 provision contained in 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 ose 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 RAVINDER SINGH 2025.06.04 13:40 I attest to the accuracy and integrity of this document CRR(F)-780 10. of U.P. and others, a person cannot pay the maintenance allowance because he is a monk, even then he is under obligation to cast off the yellow robe In the same judgment, the Maung Tin v. Ma Hmin observed that ‘ become a Sadhu that does not absolve him from his wife and children man is not, and ought not to be, permitted by his own voluntary act to the provisions of Section 488, notwithstanding the fact that he has adopted the yellow robe a 11. by this provision is to provide applicant spouse during proceedings emerging out of matrimonial disputes so that she/he can ma funds to pursue the litigation, affluent spouse. 12. amplify her needs and the husband to making it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring 780 of 2025 (O&M) distress. The provisions in Section achieve this special purpose. The dominant 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 Further, Allahabad High Court and others, 1995 (2) RCR (Criminal) 473 a person cannot pay the maintenance allowance because he is a monk, even then he is under obligation to cast off the yellow robe In the same judgment, the High Court while in v. Ma Hmin, 1933 AIR Rangoon 138 observed that ‘even if it is assumed for the sake of argument that he has become a Sadhu that does not absolve him from his wife and children.’ In Maungtin’s case(supra), it was held that a man is not, and ought not to be, permitted by his own voluntary act to the provisions of Section 488, notwithstanding the fact that he has adopted the yellow robe and become a member of the Sangha. Another objective the legislature has sought to achieve by this provision is to provide maintenance applicant spouse during proceedings emerging out of matrimonial disputes so 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, ng it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring 5 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..." Further, Allahabad High Court in Hardev Singh Vs. State R (Criminal) 473, has observed that ‘if a person cannot pay the maintenance allowance because he is a monk, even then he is under obligation to cast off the yellow robe and labour.’ while referring to the case of 1933 AIR Rangoon 138, has further even if it is assumed for the sake of argument that he has become a Sadhu that does not absolve him from the duty to maintain .’ In Maungtin’s case(supra), it was held that a man is not, and ought not to be, permitted by his own voluntary act to the provisions of Section 488, notwithstanding the fact that he has nd become a member of the Sangha. Another objective the legislature has sought to achieve maintenance pendente lite to the applicant spouse during proceedings emerging out of matrimonial intain herself/himself, have sufficient and not suffer at the instance of the There is a general tendency on the part of the wife to conceal his actual income, ng it difficult to determine the earning capacity of the rival RAVINDER SINGH claimants with exactitude. The rival claimants must scrupulously bring 2025.06.04 13:40 I attest to the accuracy and integrity of this document CRR(F)-780 on record their actual Court to arrive at quantum of maintenance which is j 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 to a life of penury. The adequacy of the maintenance allowance has to be determined by lead a life of reasonable comfort. 13. 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 illegally. 14. petitioner with the respondent, father of the petitioner being a goldsmith was running his shop and petitioner was working But when the dispute arose between petitioner suddenly became unemployed and now he is not working with his father anymore. It has nowadays become a trend as and when an application for maintenance is filed, husband starts portraying himself to be non-earning or of poor status displaying himsel dependent upon his parents, or even if he has been living with his parents till now, he is no more residing with family members if they have a good business and movable and immovable properties in order 780 of 2025 (O&M) on record their actual respective earning capacities in order for the Court to arrive at quantum of maintenance which is j 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 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 This Court is of the view that at the time of marriage of the petitioner with the respondent, father of the petitioner being a goldsmith was running his shop and petitioner was working But when the dispute arose between petitioner suddenly became unemployed and now he is not working with his father anymore. It has nowadays become a trend as and when an application for maintenance is filed, husband starts portraying himself earning or of poor status displaying himsel dependent upon his parents, or even if he has been living with his parents till now, he is no more residing with family members if they have a good business and movable and immovable properties in order 6 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 , ensuring that neither of the two is reduced to a life of penury. The adequacy of the 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 that at the time of marriage of the petitioner with the respondent, father of the petitioner being a goldsmith was running his shop and petitioner was working with him. But when the dispute arose between petitioner and the respondent, he suddenly became unemployed and now he is not working with his father anymore. It has nowadays become a trend as and when an application for maintenance is filed, husband starts portraying himself earning or of poor status displaying himself to be totally dependent upon his parents, or even if he has been living with his parents till now, he is no more residing with family members if they have a good business and movable and immovable properties in order RAVINDER SINGH 2025.06.04 13:40 I attest to the accuracy and integrity of this document CRR(F)-780 to avoid payment of maintenance. So Court cannot under these circumstances close its eyes, when other party is trying to play tricks in a subtle and clever manner. 15. Family Court makes it evident that considered the material placed before it for determining the quantum of maintenance. A careful and just balance has been drawn, keeping in view the spiralling inflation to the reasonable expenses to maintain the minor daughter 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 22.05.2025 R.S. 780 of 2025 (O&M) to avoid payment of maintenance. So in such kind of eventuality, the Court cannot under these circumstances close its eyes, when other party is trying to play tricks in a subtle and clever manner. 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 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 respondent expenses to maintain the minor daughter petitioner has not been able to indicate any perversity in the impugned which warrants interference by this Court. Accordingly, the esent petition is dismissed being bereft of any merit. Whether speaking/reasoned Whether Reportable 7 in such kind of eventuality, the Court cannot under these circumstances close its eyes, when other party is trying to play tricks in a subtle and clever manner. 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 maintenance. A careful and just balance has been drawn, keeping in rates and high cost of living corresponding needs of the respondent, who is also bearing the expenses to maintain the minor daughter. Learned counsel for the petitioner has not been able to indicate any perversity in the impugned which warrants interference by this Court. Accordingly, the bereft of any merit. (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.06.04 13:40 I attest to the accuracy and integrity of this document