Meena Miri vs Chandra Kumar Miri

Heard.

The revision has been preferred against the order dated 31.7.2019 passed in Misc. Criminal Case No.123/2019 by the Judge, Family Court, Janjgir, District Janjgir-Champa (CG), whereby, an application filed under Section 125 of Cr.PC. by the applicants, who are the wife and minor children respectively of the respondent, for granting maintenance, has been dismissed.

Brief facts of the case are that the applicants filed an application under Section 125 of Cr.PC against the respondent, who is the husband/father of the respective applicants alleging that the marriage of applicant No.1 with the respondent was solemnized on 18.7.2013 at village Pachpedi. After the marriage, the respondent and his family member started harassing applicant No.1 for demand of dowry, doubted her character and subsequently, expelled her from the matrimonial house after beating her. A social meeting in this regard was also convened. It has been further pleaded that the respondent has performed the second marriage and he is neglecting the maintenance to his wife and children and on account of which, the applicants are unable to maintain themselves. It is further pleaded that since the respondent is doing the work of selling clothes and also possesses agricultural land, therefore, maintenance to the tune of Rs.15,000/- per month may be granted to the applicants. The non-applicant/respondent was duly served, but he did not appear and participated in the proceedings before the Court below on 24.6.2019 and hence, ex-parte proceedings were initiated against him. The applicants in support of the application has filed evidence in the form of affidavit(s) of applicant No.1 – Meena Miri and her father namely Shobharam and one Santkumar S/o Samaruram and an information was also given by applicant No.1 to the Police Station, Saragaon under Section 155 of Cr.PC on 31.3.2019.

Upon appreciation of the ex-parte evidence, the trial Court has arrived at a conclusion that the applicants failed to prove the capability of the non-applicant to maintain the applicants and further observed that the applicants failed to prove the necessary ingredients, which are required to grant maintenance and accordingly, dismissed the application vide the impugned order.

Learned counsel for the applicants would submit that the trial Court, without appreciation of material on record and without considering the laudable object of Section 125 of Cr.PC., passed the impugned order, which is legally not sustainable. He prays to quash the impugned order.

Learned counsel for the respondent would support the impugned order and submits that the order is well merited and does not call for any interference.

Heard learned counsel for the parties and also perused the documents filed along with the revision.

In the ex-parte proceedings, the applicant-wife has categorically asserted that the respondent-husband ousted the applicant-wife from the matrimonial house, after beating her and he also doubted her character. Such facts have been duly corroborated by the evidence of father of applicant No.1 - Shobharam and one Santkumar. The said fact has not been rebutted as the respondent was proceeded ex-parte, therefore such unchallenged testimonies were not believed by the trial Court, which is not just and proper. Hence, this Court is of the view that the applicant-wife was having a reason to live separately.

It is well settled that a husband is required to earn money even by physical labour and grant maintenance to his wife and children, as granting maintenance is a piece of social legislation, which provides summary and speedy relief to his wife, who is unable to maintain herself and her children.

In view of the above, this Court finds that the trial Court completely ignored the settled legal principles for granting maintenance under Section 125 of Cr.P..C.

Accordingly, the impugned order is quashed. Considering the material available on record, this Court finds it appropriate to grant monthly maintenance of Rs.2000/- to the wife (applicant No.1) and Rs.1500/- each to the children i.e. minor son and daughter (applicants 2 & 3 respectively). The total monthly maintenance awarded to the applicants is to the tune of Rs.5000/- , which shall be awarded with effect from the date of passing of the impugned order by the trial Court i.e. 31.7.2019. Ordered accordingly.

With the aforesaid observations, the revision is allowed.