Patna High Court Upholds Maintenance Order, Validates Wife's Entitlement Despite Desertion Allegations

Court Affirms Rs. 22,000 Monthly Maintenance in Line with Supreme Court's Guidelines

In a significant ruling, the Patna High Court has upheld the decision of the Family Court, Bhagalpur, directing Vivek Kumar Singh to pay a monthly maintenance of Rs. 22,000 to his estranged wife. The judgment, delivered by Justice Arun Kumar Jha, dismissed the revision petition filed by Singh, challenging the maintenance order on the grounds of alleged desertion by his wife.

The court emphasized that the husband's challenge was unsustainable without a declaratory judgment in his favor under Section 9 of the Hindu Marriage Act, 1955, proving unjustifiable desertion by the wife. The court noted that the maintenance amount constituted 25% of Singh's net salary, adhering to the Supreme Court's guidelines in the landmark case of Rajnesh v. Neha (2021) 2 SCC 324.

During the proceedings, the petitioner's counsel argued that the Family Court had ignored the wife's refusal to reconcile and her alleged desertion. However, the court observed that these factors did not negate the wife's entitlement to maintenance under Section 125 of the Criminal Procedure Code, 1973, unless legally proven in a matrimonial case.

The court also addressed the issue of the petitioner's income. Despite the wife's initial claim of the petitioner's salary being Rs. 46,350, the Family Court found his net salary to be Rs. 90,562. Consequently, the maintenance was calculated based on this amount, ensuring fairness in the financial support provided to the wife.

Justice Jha, in his oral judgment, reiterated that the revisional jurisdiction does not permit re-evaluation of facts to arrive at a different conclusion from the trial court. The court, thus, affirmed the Family Court's order, finding no illegality or impropriety warranting interference.

The judgment underscores the legal principle that maintenance is a right of the wife, irrespective of the status of their conjugal relationship, unless proven otherwise through appropriate legal channels. The petitioner retains the right to seek modification of the maintenance order if the court in the matrimonial proceedings finds the desertion by the wife unjustifiable.

Bottom Line:

Maintenance under Section 125 Cr.P.C. - Wife entitled to maintenance despite allegations of desertion - Maintenance amount calculated as 25% of husband's net salary, in alignment with Supreme Court's guidelines in Rajnesh v. Neha (2021) 2 SCC 324.

Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Section 9 of the Hindu Marriage Act, 1955.

Vivek Kumar Singh v. State of Bihar, (Patna) : Law Finder Doc Id # 2811120