Court Dismisses Husband's Plea, Reiterates Duty of Maintenance under Section 125 Cr.P.C.
In a noteworthy judgment, the Allahabad High Court has dismissed a criminal revision plea filed by Mannan @ Abdul Mannan, challenging the maintenance order passed by the Family Court in Bulandshahr. The High Court, presided over by Justice Garima Prashad, upheld the Family Court's decision mandating Mannan to pay maintenance to his estranged wife, Smt. Tabassum @ Tanoon, under Section 125 of the Criminal Procedure Code, 1973.
The Family Court had previously ordered Mannan to pay Rs. 4,000 per month from the date of the initiation of proceedings and Rs. 5,000 per month from the date of the order, which Mannan contested, arguing financial incapacity due to unemployment. However, the High Court rejected this plea, emphasizing that an able-bodied husband cannot shirk his responsibility to provide for his wife simply by citing unemployment or inadequate income.
The revisionist, Mannan, contended that his wife was financially independent, earning through sewing and embroidery, and had received a house under the Pradhan Mantri Awas Yojana. However, the court found no substantial evidence proving that these earnings were sufficient for her livelihood, reiterating that a wife need not be absolutely destitute to claim maintenance. The Court also clarified that the allotment of a house does not equate to a sustainable income source.
The judgment reinforces the protective intent of Section 125 Cr.P.C., aimed at preventing vagrancy and ensuring that a wife can live with dignity, not reduced to financial deprivation. The High Court's decision aligns with precedents set by the Supreme Court, which stress the husband's obligation to support his wife, irrespective of his financial claims.
Rejecting Mannan's appeal, the High Court noted that the Family Court's findings were well within the legal framework, and no manifest illegality or perversity was evident to warrant a revision. The judgment underscores the Court's stance on upholding women's rights to maintenance and the broader objective of social justice embedded in Section 125 Cr.P.C.
Bottom line:-
Section 125 Cr.P.C. is a measure of social justice intended to prevent destitution and vagrancy and provide a swift and efficacious remedy to a wife unable to maintain herself. A husband cannot evade his statutory obligation to maintain his wife merely by asserting financial incapacity or unemployment.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Mannan @ Abdul Mannan v. State of UP, (Allahabad) : Law Finder Doc id # 2931139
