Madhya Pradesh High Court
Umesh Verma vs Pooja on 3 March, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
~1~
HIGH COURT OF MADHYA PRADESH
Criminal Revision No. 5605/2019
(Umesh Verma Vs. Puja)
Indore, Dated: 3/3/2020
Shri B.K. Pandya learned counsel for petitioner.
None for respondent.
Heard.
By this revision petition under Section 19 of Family Courts Act read with Section 397 and 401 of Cr.P.C. petitioner/husband has challenged the order of Family Court dated 1/11/2019 whereby the interim maintenance of Rs. 5,000 per month has been granted to respondent wife.
Learned counsel for petitioner submits that respondent wife is serving as Paralegal Volunteer and receiving honorarium therefore, she is not entitled to maintenance amount.
Having heard the learned counsel for petitioner and on perusal of the record it is noticed that the family court has also considered the material which was brought on record by both the parties. The family court has reached to the conclusion that sufficient reason exists for which the respondent wife is living separately. It has also taken note of the fact that on account of cruel treatment by petitioner a case under Section 498A, 506/34 of IPC has been registered against the petitioner. The issue raised by petitioner in respect of income of respondent as Paralegal Volunteer has been considered and in view of the letter dated 1/7/2019 it has been found that respondent is not receiving any honorarium for working as Paralegal Volunteer. The said letter has not been pointed out by ~2~ petitioner. Petitioner has referred to the order dated 11/1/2019 but that order in general terms provides for payment of maximum honorarium of Rs. 500 to the Paralegal Volunteers.
Having regard to the aforesaid, the family court has rightly reached to the conclusion that respondent does not have sufficient means to maintain herself. As against this the petitioner husband is an able bodied person and he has responsibility to maintain his wife.
In view of the this the family court has awarded the interim maintenance of Rs. 5,000/- per month. The amount which has been awarded by the Family court is just and proper.
Hence no error is found in the order of family court. Thus, the revision petition is found to be devoid of any merit which is accordingly dismissed.
C.C. as per rules.
(Prakash Shrivastava) Judge BDJ Digitally signed by Bhuneshwar Datt Date: 2020.03.05 17:04:57 -08'00'