Title: Mohammed Nadeem v. Smt. Tabassum
Decided on October 4, 2023.
Criminal revision No. 03677 of 2022
CORUM: HON’BLE JUSTICE NARAYAN SINGH
Introduction
The present Criminal Revision under Section 19(4) of family court Act, 1984 has been filed against the order dated 18.08.2022, in which the family court awarded the maintenance of wife to the husband of Rs.10,000 per month which is challenged by petitioner in the HON’BLE High Court of Madhya Pradesh in the Hon’ble High reduces the maintenance of wife from Rs. 10,000 to Rs.7,000 per month.
Facts of case
The petitioner Mohammad Nadeem and the respondent Tabassum has been husbad and wife and the respondent resided with the petitioner merely 18 months. The respondent herself is an MBA and earning lady and earning of Rs. 28,000/- per month while the income of petitioner is only Rs.20,912/- per month.
Courts analysis
In the present case the Principal Judge of Family Court, Ratlam, in M.J.C.R. No.180/2018, whereby the learned Family Court has partly allowed the application filed under Section 125(1) of Cr. P.C. by awarding maintenance of Rs. 10,000/- per mont to respondent. The Hon’ble High Court observed that the petitioner himself has relinquished his wife without any reason. The allegation regarding the respondent that she is voluntarily living with her parents is baseless in the eye of facts and circumstances of the case. The High Court followed The view of Apex Court in the case maintenance and held that 25% of the income of the husband should be given to the wife as maintenance and doing so is just and proper not more than that and reduced the awarded maintenance amount of Rs10,000/- per month to Rs.7,000/- which would be paid by the petitioner/non applicant to the respondent/wife.
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written by: Aamir Hussai
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