Sandeep Kumar Gupta, aged about 32 years, s/o Late Lalan Prasad, resident of Dam v. 1. The State of Jharkhand 2. Kajol Kumari, W/o Sandeep Kumar Gupta, D/o Ashok
Case Details
1 Cr.M.P. No. 3280 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3280 of 2023 Sandeep Kumar Gupta, aged about 32 years, s/o Late Lalan Prasad, resident of Dam side Gully, Chandway, Kanke Road, P.O. + P.S.- Kanke, Dist.- Ranchi ........Petitioner Versus 1. The State of Jharkhand 2. Kajol Kumari, W/o Sandeep Kumar Gupta, D/o Ashok Chaudhary, resident of Shastri Chowk, Tiwari Gully, Ratu Road, Madhukam, P.O.- Hehal, P.S.- Sukhdeo Nagar, Dist.- Ranchi ….. Opposite Party For the Petitioner For the State For the opp. party
Legal Reasoning
: Mr. Ajay Kr. Pathak , Adv. : Ms. Priya Shresth, Spl.PP : Ms. Chandana Kumari , Adv. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 04.09.2023, passed by learned Principal Judge, Family Court, Ranchi in Original Maintenance Case no. 35 of 2023 whereby and whereunder, learned Principal Judge, Family Court, directed the petitioner being the husband, to pay Rs. 10,000/- per month to the opp. party no. 2 as interim maintenance by 10th day of every succeeding months as well as the arrear of interim maintenance within six months in equal installments from the date of filing of the case, along with Rs. 5,000/- as litigation cost. 3. The undisputed facts of the case, are that the petitioner married the opp. party no. 2 on 10.06.2022, as per the Hindu rites and custom and the opp. party no. 2 lodged FIR in the Kanke Police Station involving the offence punishable under Section 498A, 323, 34 of the IPC and Section 3/4 of the D.P.Act. It is alleged in the 2 Cr.M.P. No. 3280 of 2023 First Information Report that the petitioner is a drunkard and used to assault the opp. party no. 2 in drunken state. Under such situation, the opp. party no. 2 was living separately from the petitioner since 01.01.2023. The case of the opposite party No.2 is that the petitioner is an employee of CMPDI Limited and his salary is approx. Rs. 65,000/- per month and besides this, he collects Rs. 12,000/- per month from his let out house on rent. The petitioner admitted before the Family court, that he gets the monthly salary of Rs. 53,455.85/- and considering the facts of the case, the Family court directed the petitioner for payment of monthly maintenance of Rs. 10,000/- to the opp. party no. 2. 4. Learned counsel for the petitioner submits that the Family court Ranchi without considering and evaluating the grounds set forth in the objection filed by petitioner, passed the impugned order illegally without considering the fact that the opp. party no. 2 is a trained beautician and earns Rs. 25,000/- per month, which is sufficient enough to maintain herself. Hence, it is submitted that the order dated 04.09.2023, passed by learned Principal Judge, Family Court, Ranchi in Original Maintenance Case no. 35 of 2023 be quashed and set aside. 5. Learned counsel for the opp. party no. 2, on the other hand, vehemently, opposes the prayer for quashing the order dated 04.09.2023, passed by learned Principal Judge, Family Court, Ranchi in Original Maintenance Case no. 35 of 2023 and submits that the claim of the petitioner that the opp. party no. 2 is a beautician and earning Rs. 25,000/- per month, is out and out false, and there is no material in the record, to suggest that either the opp. party no. 2 is working as beautician or she earns Rs. 25,000/- per month and in view of the undisputed fact that the petitioner, is getting a net salary of Rs. 53,455.85/- and also the undisputed fact that the opp. party no. 2 is the legally married wife of the petitioner and she has been forced to stay separately from the petitioner; the amount of the maintenance awarded by learned Family Court is on the lower side and there is no justifiable reason to quash the same, hence, it is submitted that 3 Cr.M.P. No. 3280 of 2023 this criminal miscellaneous petition, being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that inherent and fundamental principle behind Section 125 Cr.P.C is for amelioration of the financial state of affairs as well as compensating for mental agony and anguish that a woman suffers; when she is compelled to leave her matrimonial home. The statute commands that there has to be some acceptable arrangement, so that she can sustain herself. The sustenance does not mean a mere survival. A woman, who is constrained to leave the matrimonial home, should not be allowed to feel that she has fallen from grace and to move here and there arranging for sustenance. The woman is entitled to live a life in the similar manner, as she would have lived in the house of her husband that is where the status and strata of her husband comes into play, and i.e. where the legal obligation of the husband becomes prominent. The maintenance amount should be adequate, so that the woman can live with dignity as she would have lived in her matrimonial house, as has inter alia been held by the Hon’ble supreme court of India in the case of the Shamima Farooqui vs. Shahid Khan reported in 2015 5 SCC 705. 7. Now coming to the facts of the case, the undisputed fact is that opposite party no. 2 is the wife of the petitioner and the petitioner at least earns net salary of Rs. 53,455.85/- per month and there is no material in the record to suggest that the petitioner has anyone else than the opp. party no. 2, as his dependant. 8. Under such circumstances, this court is of the considered view that there is no illegality or perversity in the order dated 04.09.2023, passed by learned Principal Judge, Family Court, Ranchi in Original Maintenance Case no. 35 of 2023, warranting interference of this Court in exercise of its inherent jurisdiction. Therefore, this is no justifiable reason to interfere with the said order. 4 Cr.M.P. No. 3280 of 2023 9. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. High Court of Jharkhand, Ranchi Dated, the 12th February, 2024 Smita /AFR (Anil Kumar Choudhary, J.)