AI Structured Summary
Not yet generated for this judgment
Judgment
In this revision, there is challenge to Judgment and order dated 29-01-2024, passed by learned Judge, Family Court, Jalna in Petition No.E-115 of 2022, thereby directing applicant to pay maintenance amount of Rs.8,000/- per month to present respondent no.4 (wife) and Rs.4,000/- per month each to respondent nos.2 and 3 (minor children).
Brief facts are that, Present respondent no.4, who is wife of revisionist, for herself and their two sons, instituted Petition No.E-115 of 2022 by invoking Section 125 of the Code of Criminal Procedure, seeking maintenance from revisionist husband from whom she was residing separately along with the children. Before Family Court, she asserted that revisionist husband, who worked as Police Naik in Police Department, earned salary of Rs.85,000/- per month and since separation, he neglected to maintain her as well as their children.
Above claim was resisted by present revisionist by filing Say Exh.25 setting up a case that, he was already married and also had a son from previous marriage. That, respondent no.4 is not his legally married wife and moreover, she works as a Teacher in a primary school and earns Rs.40,000/- per month and therefore, she was not entitled for maintenance. He also set up a case that, he has his old aged parents, who have ailments, which he as a capacity of son, is expected to take care of. On all above counts, he prays to dismiss the claim of maintenance.
After appreciating respective cases advanced, learned trial Court appreciated the affidavits of assets and liabilities adduced by both the parties. Learned trial Court held that, in view of the salary certificate of husband for the month of December 2022, his gross salary was Rs.62,797/- whereas recovery was Rs.37,327/-, but further observed that said recoveries are not mandatory and further holding that salary certificate of current month not being filed, awarded Rs.8,000/- per month to wife and Rs.4,000/- per month each to the children.
Before this Court, there is challenge to above Judgment and order dated 29-01-2024, wherein again case is tried to be put forth that, as per salary slip of November 2025, revisionist husband gets net pay of Rs.44,803/- per month and after deducting necessary expenses, which includes care and medication of his parents, barely Rs.13,591/- per month remains with him. On the contrary, it is reiterated that respondent no.4/wife earns by working as a Teacher in Jalna and as such, she has sufficient means to maintain herself as well as the minors.
Learned counsel for respondent nos.2 to 4 supports the impugned judgment and order. He placed reliance on the decision of Hon’ble Apex Court in the cases of Rajnesh v. Neha and Another, (2021) 2 SCC 324 and Chanmuniya v. Virendra Kumar Singh Kushwaha and Another, (2011) 1 SCC 141 and decision of this Court in Sou. Rakmabai Pandurang Sonavane v. Pandurang Ramkrishna Sonavane & Ors., 2017 ALL MR (Cri) 652.
On considering above submissions, and bearing in mind the limited scope of Section 397 of the Code of Criminal Procedure, it is to be merely seen whether there is illegality or perversity in the impugned Judgment and order.
Service of husband in Police Department is not denied or disputed. Before learned Family Court, respondent no.4/wife had asserted salary income of husband to the tune of Rs.85,000/- per month. Separation between parties on account of strained relations, entitles wife to seek maintenance, moreover, there are two children, who are put up with her. Revisionist allegedly brought his first wife to cohabit with him and he also claims that from first marriage, they have a son, who is also to be taken care of. Before the Family Court, salary slip for the month of February 2023 (Exh.H) has been placed on record. Though gross salary is shown to be Rs.64,341/- per month, net salary receivable by him is shown to be Rs.20,457/- per month.
Today, before this court, salary slip for the month of June, 2025 shows that gross salary was Rs.77,359/- per month and net pay received by him is Rs.55,132/- per month; whereas salary slip for the month of November, 2025 shows that gross salary is Rs.80,480/- per month and net take home salary is Rs.44,803/- per month. Being salaried, there would be obviously gradual rise in the salary along with benefits of Pay Commissions entitled to Government employees and therefore, even the said take home salary received by him in last month of this year, would not be static. Going by said salary slips, when there is no denial about present respondent no.4 to be also his wife and they having two children, and there being no distinct evidence that respondent no.4/wife as on today is employed and earning salary, the quantum awarded by the Family Court seems to be reasonable.
No case being made out on merits to interfere in the impugned judgment and order, revision application deserves to be dismissed. Accordingly, following order is passed :
ORDER
Criminal Revision Application stands dismissed.